LIBRARY OF CONGRESS. | 

(6. Si f 

UNITED STATES OP AMERICA. J 



A MANUAL 



American Ideas. 



DESIGNED 

1st. For the Use of ScJiools. 

2d. For the Instruction of Foreigners seeding Naturalization. 

3d, For the Use of Citizens, 



CASPAR T. HOPKINS, M.A. 



" Thou shalt teach them diligently unto thy children, and thou shall talk of them 
when thou sittest in thine house, and when thou walkest by the way, and when thou 
liest down, and when thou risest up." 

M And thou shall bind them for a sign upon thine hand, and they shall be as frontlets 
between thine eyes." — Deut. vi: 7, 8. 



SECOND REVISED EDITION. 

; 

SAN FRANCISCO: A 

A. L. BANCROFT & COMPANY, 

Publishers, Booksellers and Stationers. 

1S73. 






Entered according to Act of Congress, in the year 1872, 

By CASPAR T. HOPKINS, 
In the office of the Librarian of Congress at Washington. 

Eight of Translation reserved. 



Entered according to Act of Congress, in the year 1873, 

By CASPAR T. HOPKINS, 

In the office of the Librarian of Congress at Washington. 

Right of Translation reserved. 



DEDICATION. 



To the True Tdea of ^mertcan J^iberty. 

An idea not born of race, not nurtured by prejudice, 
not limited by seas and mountains, nor fettered by lan- 
guage — a thought not suggestive of hereditary feuds, 
nor prone to slaughter the grandchildren of sires, who 
in times past struggled with our ancestors — but an idea 
born of nature and revelation, educated by the intuitions 
of common sense, unlimited as the brotherhood of man, 
inseparable from the highest forms of civilization — a 
thought which, germinating in the souls of a few, has 
made our country what it is, and if carefully cultured in 
the minds of the multitude, will blossom and bear for- 
ever the golden fruits of peace, charity, and good will 
to men — this little work is 

Eeverently inscribed, by 

THE AUTHOB. 



CONTENTS. 



PAGE. 

Dedication 5 

Preface 13 

Pkeface to Kevised Edition 19 

To Teachers 21 

American Political Creed 22 

Introduction, Chapter I 23 

Introduction, Chapter II 30 

Classification of Ideas 37 



PABT I. 

POLITICAL IDEAS. 

I. Of Political Liberty and Equality 39 

II. Of Law 48 

III. Of Government by and for the People 55 

IV. Of Constitutional Government 63 

V. Of Checks and Balances in the Government 71 

YI. Of the Precedence of the several Governments 82 

VII. Of Representation 87 

VIII. Of Free and Public Opinion 96 

IX. Of Free Speech, Free Press, and Free Assembly. . . . 103 

X. Of Free Communication 114 

XI. Of Free Association 120 

XII. Of the Eights of Petition and Instruction 126 

XIII. Of Freedom of Conscience 130 

XIV. Of Education by the State, No. 1 140 

XV. Of Education by the State, No. II 147 



8 CONTENTS. 

Lesson. Page. 

XVI. Of the Government of the Majority 155 

XVII. Of the Ballot 160 

XVIII. Of Universal Suffrage and Naturalization 167 

XIX. Of no Taxation without Representation 176 

XX. Of the Subordination of the Military to the Civil 

Power, No. I , 184 

XXI. Of the same, No. II 192 

XXII. Of the Foreign Policy of the United States 197 

XXIII. Of Aristocracy, No. 1 204 

XXIV. Of the same, No. II «. 211 

XXV. Of Political Parties 218 



PAET II. 

LEGAL IDEAS. 

XXVI. Of Crimes and Punishments 228 

XXVII. Of the Rights of Accused Persons, No. I 235 

XXVIII. Of the same, No, II 240 

XXIX. Of the same, No. Ill 246 

XXX. Of European Criminal Practice 253 

XXXI. Of Habeas Corpus 258 

XXXII. Of Treason and its Punishment 263 

XXXIII. Of Impeachment 271 

XXXIV. Of the Rights of Property 275 

XXXV. Of Bankruptcy and Homestead Exemption 280 

XXXVI. Of Monopolies and Perpetuities 284 

XXXVII. Of Private Property taken for Public Use 290 



PART III. 

THE DUTIES OF THE AMERICAN CITIZEN. 
Lectube. Page. 

I. Of Earning a Living — of the Dignity of Labor 295 

II. Of Obedience to the Laws, Respect for Religion, Per- 
sonal Independence, Voting 301 

III. Of the Choiee of Candidates for Office, Jury Duty, 

Home 307 



CONTENTS. 

Lectuke Page. 

IV . Of the Universal Brotherhood of Man, Progress. . . . 312 

V. Of Loyalty , 317 

VI. Massachusetts Bill of Bights 321 

VII. Constitution of the United States . . 4 . 331 

VIII. Index 355 



A MANUAL 



OF 



AMERICAN IDEAS. 



PREFACE. 



A government dependent for its existence upon the intelligence and 
purity of public opinion cannot long maintain itself unchanged, unless 
the ideas upon which it was founded be uniformly taught to each suc- 
cessive generation of the people. 

Were the children of all citizens, whether native or foreign born, 
alike instructed in American principles, no apprehension for the integ- 
rity or perpetuity of the American system need disturb the reflections 
of the patriot. 

But with the ballot in the hands of every man, and the destinies of 
the country committed to the control of the majoiity — be that majority 
native or foreign, educated or ignorant, liberal or prejudiced, black or 
white, Republican or Democratic — are we sure of either the integrity or 
the perpetuity of our institutions, unless the principles which underlie 
them are brought home to the conscious knowledge of the masses of 
the people ? 

Yet, what have we hitherto accomplished in popular political educa- 
tion ? Grant that Story, Kent, Lieber, De Tocqueville, Duer, Bancroft, 
and many other able minds, have exhausted research in their learned 
addresses to the educated; how many of all who wield the ballot have 
read their works, or are capable of understanding them ? Grant that 
the newspaper, the court-room, the political convention, the public 
meeting, the stump speech, the Fourth of July oration, are continually 
refracting some detached ray from the American system of thought; 
does the popular eye learn from these disconnected and often distorted 



14 PREFACE. 

glimpses, to take in the full blaze of light which streams from the con- 
stellation of American ideas ? Does the limited reading of the con- 
densed history of our country, in the text books used in our public 
schools, give any adequate conception of the differences pervading our 
whole political and legal fabric as compared with those from which it 
was eliminated ? 

And how generally has the light of patriotism been dimmed or alto- 
gether hidden by the clouds of ignorance, prejudice, sectionalism, and 
above all, of party spirit ! In the South, how slight must have been the 
popular appreciation of the fundamental principles of personal liberty, 
equality, free speech, free press, free assembly, free communication, 
free education, the dignity of labor, progress, and even loyalty, when 
all of these ideas were supplanted by Jtheones suggested in the 
interests of aristocracy, and therefore utterly subversive of the whole 
American system ! And in the North, how feeble the attachment to 
our " intellectual system of government " among those multitudes 
who, appreciating perhaps the form but not the spirit of our institu- 
tions, opposed by every means in their power all measures intended for 
the suppression of that rebellion whose success would have sounded the 
knell of American ideas ! 

Reading but little of history, preoccupied by the cares of life, misled 
by a partisan and often vicious newspaper press, misinformed by design- 
ing demagogues, conscious of the ills they bear, but regardless of others 
they know not of, how often do large masses of our citizens exhibit 
their indifference to the vital ideas of our system, by their exaltation of 
party above country, their preference of sectarian to national principles, 
their willingness, in fact, to barter their great inheritance for any mess 
of pottage commended to their temporary or fancied needs by the cor- 
rupt hands of traitors to American thought ! 

Such reflections as these, recurring at every election campaign during 
many years, have induced the following attempt so to collate and ex- 
plain the salient points of our system, as to bring them within the com- 
prehension of the youth of our public schools, and furnish the immi- 
grant with a correct idea of what it means to become an American 



PREFACE. 15 

citizen. The plan of the book differs from that of all other works on 
the subject that I have been able to find. It differs in its object, which 
is to explain the principles actuating the existing American order, rather 
than to state that order. It differs in its method, which is designed to 
interest the learner, not only by the use of a familiar and almost collo- 
quial style, but by the arrangement and division of the topics on an 
original plan : by appeals to his own common sense, by reference to the 
laws of nature, and by quotations from the Bible. For the latter, I shall 
not insult the intelligent reader by offering an apology. 1 have sought 
to give " the truth, the whole truth, and nothing but the truth." As a 
treatise on natural philosophy would be of little value should it omit to 
treat of the law of gravitation, so would a work on American patriotism 
be radically defective if the Christianity which interpenetrates it were 
ignored. Europe unites the state with the externals of religion — Amer- 
ica owes the state to its spirit. 

By plain statements of propositions, of the arguments proving them, 
and of their counterparts in the old European principles of government, 
I have endeavored to pave the way for that examination of the forms of 
our constitution and laws (so ably analyzed in Townsend's, Sullivan's, 
Sheppard's and Mansfield's text books), which will be a more appetiz- 
ing study after American principles have been impressed on the under- 
standing. And this work aims to rouse the mind, whether of the 
youth, the foreigner or the native voter, to an intelligent attachment to 
American ideas, and thereby — should it be so fortunate as to attain a 
reasonable circulation — to do something to forestall in the future such 
terrible conflicts of opinion, as in the past have so nearly wrecked the 
ship of state among the breakers of civil war. 

During the years whose few spare crumbs of time, fallen from the 
tables of business and family care, have been all I could devote to this 
labor, I have noticed in the daily press an occasional call for a school 
book that would instruct our youth in the elements of patriotism. 
Even in our higher seminaries, little or nothing is taught bearing upon 
the future status of the pupils as leaders of American opinion. Said 
the President of the Board of Regents of the University of California, in 



16 PREFACE. 

his Commencement Address for 1871 :* "A lack in American colleges 
is the imperfect instruction imparted to students, in the origin and 
formation of our complex system of government, the philosophy of the 
distribution of powers and of jurisdiction, the limitations of power, the 
proper sphere and province of government, and the rights and duties of 
majorities and minorities; subjects of which no educated mind should 
oe ignorant." The lack mentioned by the Governor is not attributable 
to the want of text-books, for there are many works written by ex- 
perienced thinkers for the use of the higher seminaries. But if, 
nevertheless, this most important of all branches of education is neg- 
lected in the universities, what shall we say of the great mass of the 
common youth who never reach the college, and for whose use no text- 
book discussing anything more than the dry details of the Federal 
Constitution has yet been prepared ? How are these youth to learn the 
rights and duties of citizenship ? Who teaches them why a republic is 
preferable to a monarchy, or to place any value on the inestimable 
worth of free institutions ? Can it be said that the mass of teachers 
in the public schools themselves know anything clearly about American 
ideas ? How many voters are there — not only voters, but professed 
politicians, legislators, party leaders and edit, rs — who, so far as accu- 
rate information on this subject is concerned, are but blind leaders of 
the blind ! 

It is time, now that nearly a century of unrivaled progress and sta- 
bility has crystallized the once bold theories of our original American 
thinkers into the highest known development of political and social 
science, that those theories should be taught everywhere, by all, and 
on all suitable occasions. It is time, now that the original American 
stock is fast losing itself in the perenially increasing tide of European 
immigration, that we should realize that it is not the pedigree but the 
thoughts of the man which make him an American. It is time, now 
that hydra-headed corruption consequent on wealth and luxury, and the 
influx of a preponderating foreign population, have in some places sunk 
our ancient principles almost out of sight, that we raise again the old 
* Speech of Governor Haight. 



PREFACE. 17 

standards before the eyes of all the people. It is now, during the 

peace which has succeeded the last arming of partisan hosts, and ere 

sectional or sectarian rancor can again don the armor of treason, that 

we must sow the seed of universal homogeneity among the serried 

millions of future generations. Let us hereafter teach our children 

that patriotism, like the sunshine, is a necessary condition to life, 

growth, and perpetuity in all public affairs. Like the spots on the sun, 

so let parties exist — of such ephemeral and trifling importance that they 

may scarcely be noticed in the brightness of the life-giving light behind 

them. 

C. T. H. 

Sax Franxisco, February 1st, 1872. 



PREFACE TO TIIE REVISED EDITION." 



The first limited edition of this book was intended mainly for distribu- 
tion among educators, scholars and professional men, with a view to 
eliciting the criticisms of such as felt the importance of introducing the 
study of the American system into the schools of the country. The 
author was well aware of the necessary imperfection of the work of any 
one man, when attempting to eliminate from the seething mass of free 
thought in the United States those principles only on which all could 
agree, as forming a part of the American system. The variety of 
criticism which the book has elicited has satisfied him that he had not 
overrated the necessity of vigorous and persistent effort, on the part of 
all patriotic citizens, in order to secure anything like homogeneous 
opinion on many points of our national thought. If the learned hold 
such different views, what are we to expect from the ignorant ? But in 
one point all who have replied to the circular accompanying the book 
have (with one exception) agreed. They unite in the warmest expres- 
sions of approval of the great design of teaching the elements of patriot- 
ism in all schools, public and private, to such of the pupils as are old 
enough to appreciate the study. The reader is referred to the testi- 
monials in the latter part of the book for specimen opinions in this 
behalf. 

Many elaborate criticisms have also been received, and, so far as the 
same have proven consistent with each other and with the general 
scope of the work, they have been availed of. Special thanks in 
this regard are due to Rev. L. Hamilton, Ex-Gov. H. H. Haight, 
James Denman, Principal of the Denman School of San Francisco, to 



20 PREFACE TO REVISED EDITION. 

Ex-Gov. Peter H. Burnett, Rev. Eli Corwin, of Middletown, N. Y., 
Rev. J. H. Hopkins, Jr., of Plattsburgh, N. Y., President D. C. Gilman, 
and Prof. Martin Kellogg, of the University of California, the late Dr. 
Francis Lieber, and Rev. T. A. and Mrs. Alice D. Hopkins, of the Vt. 
Episcopal Institute, Burlington, Vermont. 

The opinions of the press have not been sought except in a few 
instances; nevertheless, the book has been fully reviewed by several 
leading periodicals both on the Atlantic and Pacific coasts. Of these, 
all have most cordially approved its object, while the opinions of its 
plan and execution have been favorable in proportion to the thorough- 
ness of the examination bestowed upon it by the several reviewers. 
This is not a subject to be carelessly glanced at or flippantly disposed 
of. It is worthy of the deepest thought of all conscientious and patri- 
otic citizens, be their party politics, their prejudices, or their sect what it 
may. To such, the work as now revised is committed with confidence 
that it will attract such attention as its object everywhere challenges; 
and should the book itself be thought inadequate, if nevertheless it 
shall excite sufficient interest in its purpose to secure the preparation 
of better text-books on this topic, and the general introduction of the 
study of patriotism into all our schools, the object of the present attempt 

will be attained to the full satisfaction of the author. 

C. T. H. 
San Francisco, March 26th, 1873. 



TO TEACHEES. 



It is hoped that this little work may be found suggestive both to 
teacher and pupil. There is no subject treated in it that would not 
make a fruitful theme for a lecture of an hour's length. Those teachers 
who take interest in political affairs can easily prepare such lectures, 
in which they will be aided to some extent by the notes and references 
given in the book. 

The more the pupils know of history, the better will they be able to 
appreciate the study of American ideas. Without some knowledge of 
the history of the United States, they cannot be interested in the prin- 
ciples of the American system. As to the proper place for this study, 
in the curriculum of any public or private school, I make no suggestion, 
save that until the young mind begins to think for itself, to read the 
newspapers with attention, and take notice of contemporary events, it 
will hardly be able to comprehend the subjects which 1 have attempted 
to elucidate. 



THE AMERICAN'S POLITICAL CBEED. 



1. I believe in liberty, equality and law: in the sovereignty of the 
People : and in Government by and for the People through representa- 
tion, and according to written constitutions. 

2. I believe that all men were created with certain inalienable 
rights, among which are life, liberty, and the pursuit of happiness: 
and that Governments are designed to secure these rights by means o( 
institutions. 

3. I believe in free and public opinion: in free speech, free press, 
free assembly, free communication and free association: in the division 
of powers and responsibilities among public officers: in the rights oi 
petition and instruction: in universal religious liberty, and in free public 
education by the State. 

4. I believe in universal suffrage: in the rule of the majority and the 
submission of the minority: in peace and good will to all nations, but 
entangling alliances with none, and in free naturalization. 

5. I do not believe in taxation without representation: in hereditary 
aristocracy: in legal monopoly: in standing armies in time of peace: 
in government by force: in orders of nobility: in aggressive war: in 
slavery: in the union of Church and State: in violence, tyranny or 
persecution: or in the Divine right of Kings. 

6. I believe in treating every man as innocent until he be proved 
guilty: in the rights of accused persons: in a fair trial by jury: in 
moderate and reformatory punishments in proportion to the offense: 
in habeas corpus: in tempering justice with mercy: and in the sacred 
obligation of an oath. 

7. I believe in personal independence: in the dignity of labor: in 
obedience to the laws: in religion as the basis of morality: in electing 
only the best men to office: in a happy home: and in progress. 

8. And I believe that loyalty in the United States consists in the 
intelligent attachment to the system of American ideas, to whose main- 
tenance in perpetuity I pledge my life, my fortune, and my sacred 
honor. 



I^TEODUOTIOW. 



CHAPTER I. 

NATURAL RIGHTS. 

1. If man had been created to live alone, lie would 
have had an undisputed right to do whatever he pleased. 
He could be guilty of no offense against man, for there 
would be no other person against whom an offense could 
be committed. Robinson Crusoe could do no wrong 
except to himself, to his Maker, or to the brute creation. 

RIGHTS LIMITED BY SOCIETY. 

2. But so soon as two or more human beings live 
together, each finds it necessary for the sake of peace, 
to abstain from certain acts, which, however innocent in 
an isolated condition, would be sure to offend or injure 
those associated with him. He who travels alone in a 
desert needs turn out of his way for no one; but the way- 
farer in a crowded city can avoid collisions only by the 
exercise of constant self-restraint. 

1. Could man commit crime if each person lived alone? Why not? 

2. Why does the presence of other persons limit natural freedom? How 
many of the ten commandments would have no meaning if men did not live in 
society? 



24 INTRODUCTION. [Chap. 1 

ORIGIN OF LAW. 

3. Man was created a social being, and must live with 
others of his race. The sexes must live together, parents 
with children, families with families, friends with friends. 
Thus society is formed. As the presence of others neces- 
sarily limits the freedom of each person, there soon 
grows up a kind of mutual agreement, whereby the ac- 
tions of each are restrained in the same manner, and to 
the same extent. So far as these restraints refer only to 
matters of small consequence, and grow up gradually 
and without formal enactment, they are known as the 
" customs" and "manners" of a people. But when it 
becomes necessary to compel the obedience of such as 
refuse to submit to society, in matters of importance to 
the general good, they are called "laws." 

ORIGIN OF GOVERNMENT. 

4. The primal object of law in society is to 
prevent and punish crime, or such acts as are com- 
mitted by one person with the intention of injuring 
another. If such acts were allowed, each injured per- 
son or party would naturally seek revenge on the author 
of the injury; whence continual quarrels, fighting and 
murder would render public peace impossible. Slow 
and gradual experience has shown that men cannot live 
together unless they be agreed: that no continued agree- 
ment is possible, unless the lives, the liberty, the rights 

3. How was society formed ? How does it operate to restrain individual lib- 
erty? What are the customs and manners of a people? What is fashion, what 
politeness, and table etiquette? When do customs take the force of law? De- 
scribe the difference in the punishment which society inflicts for bad manners 
and for crimes. Has Government anything to do with mere manners ? 

4. What is the primal object of law? Define crime. What would happen if 
the law did not punish crime? What is Govermnent? What is the proper busi- 
ness of Government ? What does each individual concede to the Government, 
and whv ? 



Chap. 1] INTRODUCTION. 25 

of property and the happiness of every individual are 
carefully protected. This requires that criminals be 
punished, and that crime shall be prevented; that every 
person shall be encouraged to lead a harmless and useful 
life, and discouraged from doing any act that shall cause 
pain or loss to others; and that so much of the powers 
of self-protection inherent by nature in the individual as 
shall be necessary for these purposes, shall be entrusted 
to a few persons whose business it shall be to use those 
powers for protecting all the people. The persons en- 
trusted with such powers are the "Government," and 
the proper business of Government is to make and en- 
force the laws. 

CIVILIZATION. 

5. The Creator has seen fit to make society a school 
for the development of the individual into a very differ- 
ent being from what he would be if left like the beasts, 
merely to gratify his animal passions. This social train- 
ing or development is the civilizing process, and its result 
is called "civilization." It is a tedious process, involving 
all the conditions of human existence so far as they 
relate to religion, knowledge, invention, law and gov- 
ernment. Though society is now far more advanced 
than at any other period of the world's history, it is still 
constantly improving. At various periods in the past, 
different ideas of government have prevailed, and many 
imperfect forms of it have been instituted. It took men 
nearly six thousand years to find out how dependent 
they were for their private happiness on their forms of 
Government, and how much suffering has been the result 
of mistaken notions on this most important element of 
civilization. 

5. What is civilization ? What human conditions are included in civilization ? 
Is Government an important element in it ? Have men suffered from their im- 
perfect notions of Government? 



26 INTRO D UC TIOJST. [ Chap . 1 

The earliest and simplest form of government was the 

PATRIARCHAL 

6. or Parental: under which the head of the family 
ruled all its members. Such was the Government of 
Abraham, Isaac, and Jacob, as described in the Old 
Testament. This form was of course of very limited use, 
being applicable only to single households, and soon 
grew into the 

TRIBAL FORM 

7. which united in one tribe or clan, and under one 
chieftain, all who were related to each other by the ties 
of blood. The chief was usually the oldest male mem- 
ber of the oldest family of the clan. This form of 
government was common among the barbarians of ancient 
Europe, also in Scotland and Ireland. 

MILITARY DESPOTISM. 

8. But man in a savage state was sadly given to fight- 
ing and plunder. Naturally indolent, he did not culti- 
vate the ground. If he attempted it, his crop was very 
apt to be gathered by his enemies, or at best to be shared 
among all of his own clan, whether or not they had 
labored with him to produce it. Hence, no motive to 
industry could exist. Hunting and fishing were the 
principal means of living to the scattered tribes; and 
when these failed, the deficiency was made good by a 
foray upon neighbors. Such invasions were, however, 
likely to be resisted; hence the necessity for the tribe to 
act under the orders of a military chief. The bravest 
warrior thus became the head of his clan, and that he 

6. "What was the earliest form of government? Describe its origin. 

7. Describe the Tribal form ? 

8. Describe Military Despotisms ? 



Chap. 1] INTRODUCTION. 27 

might be able to command instant obedience, his power 
was made absolute over the lives and liberties of his 
people. Thus organized, clan fought with clan. Occa- 
sionally, one tribe would conquer several others, and its 
successful chieftain, ruling them all by right of conquest, 
would unite them into one nation, and would thus be- 
come a King or Emperor. 

HEREDITARY MONARCHY. 

9. But by and by the King would die, and then his 
principal followers would contend with each other for his 
crown. Civil war would follow, weakening the State, 
and perhaps exposing it to conquest by some neighbor- 
ing prince, waiting for such opportunity. To prevent 
this, it came to be conceded that the oldest son of a 
King should succeed to the throne on his father's death, 
and thus originated the idea of " Hereditary Monarchy." 
Nearly all the kingdoms of the world yet confine the de- 
scent of their crowns to members of their Royal families. 

TYRANNY OF KINGS.* 

10. It came to pass however that many Kings became 
tyrannical, using their power not for the good of the 
people, but for the gratification of their own passions. 
Some loved war, and thought only of conquests. Some 
loved money, of which they robbed their people. Some 
filled their palaces with women, regardless of the rights 
of husbands and fathers; or they surrounded themselves 
with bad characters, who brought endless miseries upon 
the nation. The great majority of them loved to make 

*For a remarkable and graphic prediction of the evils of the kingly form of 
government, see 1st Samuel, viii: 11th to 18th verses. 

9. What is " hereditary monarchy "? How did it originate ? Does it still exist ? 

10. Did royalty lead to tyranny? What was the universal tendency of " one- 
man power"? 



28 INTBODUCTION. [Chap. 1 

their power felt, and took a delight in spilling the blood 
of their subjects. To check the universal tendency of 
et one-man power" to reduce mankind to slavery, various 
devices have been attempted. Among these, one of the 
most successful was 

CONSTITUTIONAL OR LIMITED MONARCHY. 

11. This institution is based upon the theory that the 
people have some rights, and it prescribes the rules and 
conditions by which the King shall be bound not to 
trample upon those rights. It also creates a Parliament 
or Council, to exercise a portion of the powers of govern- 
ment independently of the King, who being thus watched 
and controlled, can no longer so easily oppress the peo- 
ple. This form of government is of recent date, and 
most of the present European monarchies are " limited" 
as well as " hereditary." 

OLIGARCHY. 

12. Another mode of attempting to escape from the 
tyranny of Kings has been frequently tried. It is that 
in which the government has been entrusted to several 
persons with equal powers, or to a class or privileged 
order of men. Such were the governments of some of 
the old Grecian cities. Such also was the rule of Mod- 
ern Venice. But it has generally been found that, as 
soon as the power of a few has become firmly and perma- 
nently established, so that they cease to fear for the con- 
sequences of their actions, their tyranny has been as in- 
tolerable as that of any single monarch; while their per- 
sonal rivalries against each other have often engendered 
civil commotions, attended by every frightful crime. 

11. What is constitutional or limited monarchy? How did it originate? 
What new theory did it introduce ? How did it change the form of government ? 
Does this form now exist ? Where ? 

12. What is " Oligarchy"? Where was it practiced? What was its success? 



Chap. 1 ] 1NTR0D UC TION. 29 

THEOCRACY. 

13. Another ancient form of government was that of 
the Jews, whose laws were directly revealed to them by 
God, and administered by priests. This form is termed 
" Theocracy," which means, " Government by God." 
There have been many imitations of it, wherein priests, 
claiming to act by divine command, have ruled th^ peo- 
ple with absolute power. Such was early Mahommed- 
anism. Such to-day is Mormonism. This idea of 
government is peculiarly opposed to all constitutional 
forms; for the latter derive their authority from the peo- 
ple; but theocracy, claiming its power from God, admits 
no rights on the part of the people which their rulers 
are at all bound to respect. 

DEMOCRACY. 

14. This word means, " government by the people." 
This was the form used by the ancient Athenians 
and Romans, whose people met in council, and them- 
selves decided the measures to be adopted by the State. 
The town governments of New England are modern 
examples of democracy. But this form is practicable 
only in single towns and cities, as it is clear that there 
is a limit to the number of persons that can be assem- 
bled for such a purpose. It is, therefore, essentially 
different from 

REPUBLICANISM. 

15. In which the people of the various towns and dis- 
tricts send their representatives periodically to perform 

13. What is " Theocracy " ? Where did it originate? Does it now exist, and 
where ? Is it favorable to the rights of the people ? 

14. What is Democracy? Where was it used ? Where does it now exist? Is 
it practicable on a large scale? Why not? 

15. What is Republicanism? When, and how did it originate? How does it 
compare with other forms ? Where does it exist ? 



30 INTRODUCTION. [ chap. 2 

all the duties of the government in the manner indicated 
by the people themselves. This form is the. outgrowth 
of the highest civilization yet attained by man. It is 
the most recent, and therefore has the advantage of all 
previous history, whose theories it has reversed, and by 
whose errors it has profited. It owes its origin to the 
careful reading and profound study of human nature by 
many of the ablest minds of the last century, and under 
its benign influence, the people have gained more secu- 
rity and happiness than have ever before fallen to the 
lot of humanity. This form is that of the United States. 



CHAPTEE II. 

In order to understand why the American ideas of 
government are superior to all that preceded them, it 
will be necessary to go back a few centuries, and thence 
briefly sketch the errors in opposition to which our sys- 
tem was framed. 

THE FEUDAL SYSTEM. 

16. After the barbarians of northern Europe had over- 
thrown the old Eoman Empire, a principle of govern- 
ment resulting in what was called the " Feudal System " 
jwas adopted all over Europe. According to this idea, 
.the absolute ownership of all lands belong to the King, 
[who was deemed to wear his crown by " Divine Eight" — 
that is, he was supposed to derive his power not from 
the people who were under him, but from God, who 

16. When did the Feudal System originate? Describe it? What were the 
* powers of a King under that system? What were the three principal means of 
supporting monarchy ? 



Chap. 2] INTRODUCTION. t 31 

alone was above him. It was therefore considered an 
impious act to rebel against l 'the Lord's anointed/' or to 
refuse the most abject submission to all his commands. 
The King was the " fountain of honor." He only could 
grant titles, or supply the means to support them out of 
the lands of the nation. He made such laws as he 
pleased, executed them himself, and appointed all the 
judges who were to enforce them. He was the com- 
mander in chief of the army, declared war and levied 
taxes at his discretion. He exercised absolute power of 
life, death, and confiscation over his people. And he 
supported himself in the exercise of these powers by 
three principal means. The first of these was the 

NOBILITY. 

17. The King, as owner of all land and the fountain of 
honor, had the exclusive right to create privileged orders, 
such as dukes, marquises, earls, counts, barons, bar- 
onets, etc., to each of whom he granted a county, 
earldom, or other large tract of land, as to the King's 
tenant: the condition of the lease being, that so long as 
the nobleman receiving it (and his oldest son after him) 
1 'did homage" to the King, and followed him to the 
wars when called on, furnishing a certain number of 
knights and soldiers at his own expense, the land, to- 
gether with all the people living on it, should belong to 
him and his heirs. 

The nobleman would then divide the land among his 
knights and " gentlemen " followers on like conditions. 
These, in turn, subdivided and leased it to the farmers 
or peasants for cultivation, and the latter were of course 

17. State the privileges of the nobility? The mode of holding lands? The 
position of the people under that system ? 



32 INTRODUCTION. [Chap. 2 

obliged to support by their labor all the higher classes 
of lords and gentry, while they were likewise obliged to 
bear arms whenever the lord of the* land summoned 
them to war. Thus the whole body of society was or- 
ganized into an army, and as the only business of the 
King, lords and gentlemen was war, there was small 
leisure or opportunity left to the people for agriculture, 
manufactures or commerce. But as the peasants owed 
their lands to the gentry, the gentry to the lords, and the 
lords to the King, all were alike pledged to the King's 
service, no matter how much of a fool or a knave he 
might be. 

Thus, all the Prince had to bestow he lavished upon 
his nobles. The populace were deemed to exist only 
for the benefit of the higher classes, whose slaves they 
were. They were not considered to have any " righto," 
as Americans understand them. Their property was 
liaole to seizure whenever their masters wanted it. If 
they refused to disclose it, they were imprisoned or tor- 
tured until they complied. For the most trifling offenses 
they were put to death without judge or jury. To be 
charged with treason was ruin to the accused in body 
and estate. "While all knowledge and education were 
carefully withheld from the people, they were taught 
that the King ruled as God's representative; that to dis- 
obey him was to defy the Almighty; that loyalty to his 
person was the highest of virtues. They were trained 
to believe that the King and his nobles were of a differ- 
ent blood from the common people. To be born noble 
was the greatest earthly privilege. If base born, only 
the special favor of royalty could remove the stain of 
birth, and raise a peasant to equality with the great. 



chap. 2] INTRODUCTION. 33 

. CHURCH AND STATE. 

18. The second means whereby royalty was sustained 
-was the Church. 

The idea of the union between Church and State was 
evidently inherited from the old pagan Governments of 
Egypt, Persia, Greece and Rome : for in the ancient days, 
whatever might be the religion of a nation, it was exclu- 
sively supported by the State, and was enforced like any 
other law of the land. This arrangement of course in- 
volved the persecution and extinction, if possible, of all 
who opposed the national religion. Hence, when Chris- 
tianity was first promulgated in opposition to the estab- 
lished religion of the old Eoman Empire, it encountered 
fierce persecution at the hands of the Government during 
nearly four hundred years. But at last the Emperor 
Constantine was converted to the faith, and thereupon 
Christianity supplanted paganism as the religion of 
the empire. Afterwards, when the empire became dis- 
integrated into many nations, each of them remained al- 
lied to some form of the Christian faith. 

The result of this alliance between Church and State 
was the denial throughout Europe of the right of free 
opinion on religious subjects. The State was bound to 
enforce conformity to the established Church, while the 
Church constantly promoted the extermination of infidels 
and heretics wherever found. Hence arose grevious 
persecutions; long and bitter wars were continually 
waged between the Christian nations and the Moham- 
medans, as well -as between the different forms of Chris- 
tianity itself. At times there were fierce contests between 
the Church and the State, in which each claimed the 

18. Describe the 11111011 between Church and State. What was its origin ? 
Eow did it result in oppression to the people ? What was its effect in promoting 
wars and persecutions ? 



34: INTRODUCTION. L CHAP - 2 

right to control the partnership. That the idea of the 
union between Church and State has always been fatal 
to the liberty and happiness of individuals, as well as to 
the peace of the world, is evident from the fact that re- 
ligious wars and persecutions alone are estimated to have 
cost fifty millions of lives during the history of modern 
Europe. 

STANDING ARMIES. 

19. Such was the result of the Feudal System and of the 
union of Church and State in destroying human liberty 
during the dark ages. But in the fifteenth century gun- 
powder was invented. This, by destroying the effective- 
ness of the Feudal mode of assembling and supporting 
troops, gradually changed the whole art of war, and led to 
the more modern plan of " standing armies." Every 
European King then began tb keep as many soldiers 
constantly under arms as he could find the means to pay. 
He was thus always prepared for war, either against his 
neighbors or his own subjects, should the latter choos 
to rebel. Arrests and punishments for treason were thus 
made easy. The troops, of course, depended wholly on 
the crown for their pay. They were commanded by the 
nobility; they were therefore always in hand to put down 
insurrection, and often ravaged and destroyed their own 
people more than they did their foreign enemies. It was 
but seldom that any revolution could be organized with 
sufficient strength and secrecy to oppose a standing 
army, and when this happened, it was generally fo- 
mented in the interest of some disaffected noble, seeking 
to gratify his own ambition, rather than in behalf of the 
liberties of the people. 

19. When were standing armies introduced ? What was their effect on popu- 
lar liberty ? 



Chap. 2 J INTRODUCTION. 35 

SLOW PROGRESS OF CIVILIZATION. 

20. Thus all the principal institutions of Europe, up 
to the fifteenth century, seem to have had for their ob- 
ject the benefit of the privileged few at the expense of 
the misery and slavery of the many. Even in this nine- 
teenth century the union of Church and State exists in 
nearly every European country, and in all the South 
American States. In Italy and Mexico, freedom of con- 
science has been conceded only since 1860. In some 
European States the doctrine of " Divine Eight" is yet 
taught. In all of them standing armies are still main- 
tained. Nevertheless, a long series of events has grad- 
ually bettered the condition of the lower classes. Prom- 
inent among these were the inventions of gunpowder and 
printing. Then came the discovery of America and 
consequent increase of commerce, and the Reformation 
— teaching men to think for themselves, followed by two 
centuries of religious wars, terminating in the stop to 
religious persecution. Thousands of inventions in ma- 
chinery revolutionized all the relations of capital to 
labor, raising the mechanic and manufacturer to a high 
place in all civilized societies. A succession of brilliant 
discoveries in every department of science and art grad- 
ually overcame popular ignorance and superstition, and 
taught mankind that whatever be the outward surround- 
ings of a human soul, 

" A man's a man for a 3 that!" 

21. Finally came the American Revolutionary "War, 
and the unfolding to the nations of the principles em- 

20. In what countries is there still a union between Church and State ? Is the 
doctrine of Divine right yet taught anywhere ? Are standing armies maintained ? 
What events tended to promote civilization in Europe ? 

21. What event in America hastened popular freedom ? Repeat the quotation 
from the Declaration of Independence ? 



36 INTRODUCTION. L CHAP - 2 

blazoned in our Declaration of Independence and Fed- 
eral Constitution. From the study of these the world is 
now learning that the purest ideas of government are 
those upon which the American Eepublic is founded. 
It was reserved for the great Jefferson to pen the 
thought — 

"That all men are created equal; that they are en- 
dowed by their Creator with certain inalienable rights; 
that among these are life, liberty, and the pursuit of 
happiness; that to secure these rights, Governments are 
instituted among men, deriving their just powers from 
the consent of the governed; that whenever any form of 
government becomes destructive of these ends, it is the 
right of the people to alter or abolish it, and to institute 
a new Government, laying its foundations on such prin- 
ciples, and organizing its powers in such form, as to 
them shall seem most likely to effect their safety and 
happiness." 



CLASSIFICATION OP AMERICAN IDEAS. 



22. In the Introduction we have quoted the words 
from the Declaration of Independence which express the 
fundamentally distinctive principle of the American form 
of government. " We hold these truths to be self- 
evident, that all men are created equal (that is, 
with equal rights); that they are endowed by their 
Creator with certain inalienable rights; that among 
these are life, liberty and the pursuit of happiness; 
that to secure these rights, Governments are insti- 
tuted among men, deriving their just powers from 
the consent of the governed." 

23. To understand how the only government that 
ever existed, having for its sole object the securing of the 
people's rights, does derive its just powers from the con- 
sent of the governed, it will be necessary first to discuss 
our peculiar 

POLITICAL IDEAS, 

Which are the principles regulating the action of 
the people in forming and maintaining a govern- 
ment strong enough to punish criminals, regulate 
society, and protect its citizens in all their rights, 
and yet powerless to do any harm to its own law- 
abiding people. "When these have been exjjlained we 
shall proceed to the 

22. Repeat the quotation from the Declaration of Independence. 

23. What are Political Ideas ? 



38 CLASSIFICATION OF AMEBIC AN IDEAS. 

LEGAL IDEAS, 

24. Which underlie the laws regulating the ac- 
tion of the government in dealing with accused per- 
sons, criminals, the rights of property, and personal 
relations between individuals. 

25. In closing the work, we shall treat of several 
other American ideas which cannot be included in either 
of the foregoing divisions. 

26. Politics is the science of Government. It 
includes the whole range of thought and action involved 
in the construction and maintenance of the Govern- 
ment. 

27. Law embraces the whole series of enact- 
ments through which the Government acts upon 
the people. 

In the United States, every detail in all departments 
of the Government is fixed by law, which controls the ac- 
tions of all government officers, from the President down 
to the Pound-master, just as completely as those of the 
private citizen. Law allows neither Government nor 
governed to infringe upon the political liberty of in- 
dividuals. 

24. What are Legal Ideas ? 

26- Define Politics. What does ihis term include ? 

27. What does law in the United States embrace? 



PART L 

POLITICAL IDEAS. 



LESSON I. 

OF POLITICAL LIBERTY AND EQUALITY. 

28. The principal object of the American form 
of Government is to secure the political or civil 
liberty of every citizen. 

29. There are two sets of motives implanted by nature 
in all human beings. These are, the desire of doing 
evil, and the desire of doing good. 

Doing evil causes pain or suffering to one's self 
or to others. 

Doing good causes pleasure or happiness to one's 
self or to others. 

30. (a)The common or natural idea of liberty is free- 
dom from restraint, or the free power of doing what- 
ever one pleases, without regard to other people. This 
is the liberty referred to in Chapter I of the Introduc- 

28. What is the principal object of the American form of Government? 

29. What two sets of motives are implanted by nature in every person ? What 
is the result of evil doing? What of well doing? 

30. What is the common or natural idea of liberty? What would this idea 
result in, if acted upon in society ? Could society exist where each man should 
undertake to do whatever he pleased, without regard to the rights of others ? 
Why does republicanism not succeed in France ? What has resulted from French 
attempts at republicanism ? 



40 POLITICAL IDEAS. [lesson, i 

tion, as that which a man would enjoy were he to live 
alone. But if he live in society, it would mean — 

11 That he may take who has the will, 
And he may keep who can."* 

Evidently society could not exist where each man 
should attempt to do whatever he pleased, without regard 
to the rights of others. It is because of their confound- 
ing the political with the natural idea of liberty, that the 
French populace have always thrown society into confu- 
sion whenever they have tried to establish republicanism. 
Each uneducated Frenchman is apt to think that all the 
liberty is for himself, but none of it for his neighbor! 
Hence the riots, the bloodshed, the " communism" of 
1798 and 1871. Hence the words of the famous Madame 
Roland, when passing the Statue of Liberty in Paris on 
her way to the guillotine: "Oh Liberty! what crimes 
are committed in thy name." 

31. Now society has no right to interfere with such acts 
as promote happiness, nor with such as injure only the per- 
son who commits them. But it has a right growing out of 
the instinct of self-preservation, which is the first laiv of na- 
ture, to prevent all such acts as tend to injure other people. (b) 
It must forbid theft, robbery, murder and all other 
crimes, because the commission of such acts is destruc- 
tive of the property, liberty and lives of its members. 
Clearly then such liberty as is consistent with living in 
society must have a different meaning from the common 
notion of natural freedom. Remember therefore, as long 
as you live, that 

^Wordsworth's " Rob Roy." 

31. Has society any right to interfere with such acts as promote happiness? 
Or with such acts as injure only the person who commits them? How is it with 
such acts as tend to injure other people ? Why must society forbid crime ? 



Lesson, l] LIBERTY AND EQUALITY. 41 

32. Political or civil liberty is the freedom to 
every individual to do as he pleases, so long as he 
does no evil to any one else. 

This is the kind of freedom which American institu- 
tions seek to secure to every one. It is the natural and 
inalienable right of all men to enjoy life, liberty (as 
above defined), and the pursuit of happiness; and our 
Declaration of Independence states the surest and in 
fact the only means of securing these rights, when it 
says that for this object " Governments are instituted 
among men, deriving their just powers from the 
consent of the governed." ■ 

33. How do we know that toe have the right to he free? 
1st. By the law of nature. God created man in 

his own image, and breathed into his nostrils the breath of 
life.* In so doing, he must have endowed him with at 
least the same rights as he gave to the beasts and birds. 
No animals exist in a natural state except as they are 
free to pursue happiness, each in its own method. And 
it is contrary to reason to suppose that after the Creator 
had made man in his own image, he would have pre- 
vented his enjoyment of his faculties to a degree at least 
in proportion to that of the inferior creatures. Indeed, 
the very fact that certain wants were implanted 
in his nature, implies that he was intended to be 
free to gratify those wants. As God gave wings to 
the bird that it might fly, and fins to the fish that it 
might swim, so he gave man hands that he should labor, 
feet that he should walk. He made him naked that he 

*Gen. 1: 26-27. rb. ii: 7. 

32. What is the definition of political or civil liberty? What kind of liberty- 
do American institutions seek to secure to the people ? Have the people a right to 
such liberty? For what object is Government formed ? 

33. How do we know we have the right to be free ? State the argument from 
nature ? 



42 POLITICAL IDEAS [Lesson. 1 

should clothe himself. He gave him reason that he 
should think, learn, and study. He gave him affection, 
that he should love; speech that he should talk; and 
invention, taste, the love of the beautiful, that he should 
improve his condition, and cultivate his mind by using 
the' treasures of creation. Now, whoever prevents 
his fellow-man from the free exercise of all the 
good faculties implanted in him by Nature, violates 
the laws of Nature. "I am a man, therefore I 
have the right to be a man."* 

34. Again, the word " rights" as used in connection 
with liberty, derives its meaning from the same word 
" right" when used as the opposite of "wrong." We 
have already seen (see Section 29) that doing evil causes 
suffering to one's self or to others, while doing good 
causes happiness. We judge of the character of actions 
performed towards others by the results they are 
intended to produce. Now you have a right to life. 
If any person murders you, you suffer. Hence, murder- 
ing you is wrong, the opposite both of right and of 
your right to life. 

So you have a right to go where you please. "Whoever 
imprisons you, causes you to suffer. Hence such im- 
prisonment, if attempted by a private person, is wrong, 
the opposite of right and of your right to personal free- 
dom. You have a right to your limbs. Whoever cuts 
off your hand, causes you pain and serious injury. 
Hence, to cut off your hand is wrong, the opposite of 
right, and of your right to your own body. 

*Lieber's Political Ethics, p. 179. 

34. What connection is there between the adjective " right " and the nonn 
"rights"? How do we judge of the moral character of actions performed to- 
wards others? Illustrate this in the case of murder? Of imprisonment? Of 
maiming? Of stealing? Does common sense or conscience guide us how to 
deal with one another? 



Lesson. 1 ] LIBER TY AND EQ UALITY. 43 

So also you have a right to your property. Steal- 
ing this causes you to suffer the loss of it. Parents have 
a right to their minor children. Husbands and wives 
have rights in each other. The laborer has a right to 
his wages. Whoever interferes with these rights causes 
suffering to those interfered with. Hence, such inter- 
ference is wrong, the opposite of right and of the rights 
of the injured parties. Thus every man's own common 
sense or conscience, if he will but ask it when tempted 
(as we all are at times), to do some injury to another, 
will at once point out the wrongfulness of such conduct, 
and teach him to respect the rights of others. 

2d. By revelation. 

35. § But men's passions are often stronger than 
their common sense. Beason indeed exists in every 
sound mind, but it is a seed of slow growth; while covet- 
ousness, cruelty, and contention, like an early crop of 
weeds, are very apt to grow up, bloom, and go to seed, 
before reason has fairly sprouted. Hence, history had 
recorded the errors of men in their attempts to organize 
society during four thousand years before Jesus Christ 
uttered those magical words, " All things whatsoever 
ye would that men should do unto you, do ye even 
so to them." * This little sentence contains the essence 
of the American idea of Political Liberty, though so 
slow was humanity to appreciate the vast truth it con- 
tains, that 1700 years elapsed after its utterance, before 
men awoke to the necessity of adopting it as a principle 
of Government. 

*Matt. vii: 12. 



35. Why was revalation necessary to make men see clearly their relations to 
each other? Repeat the Golden Rule. Does the Golden Rule express the Amer- 
ican idea of political liberty? 



44 POLITICAL IDEAS. [Lesson. 1 

EQUALITY. 

36. Political Liberty can exist only among equals. 

Natural inequality exists among men by virtue of the 
laws of nature. That is, no two persons are created 
exactly alike in body or in mind. These inequalities, so- 
ciety has no right to interfere with. To make the most 
of his own natural talents, is a right in every man which 
society must respect. But inequality in rights or 
privileges created by society, that is, by human 
contrivance, and not by the will of God, means that 
some man or men shall possess some rights estab- 
lished by law which other men have not. 

Whatever is thus added to the rights of one, must be 
subtracted from those of others. Now, no liberty can be 
complete which deprives any man of any of his rights. 
Hence, the existence of privileged classes in society im- 
pairs the liberty of all other classes, so that Liberty and 
Equality can exist only together. 

37. What does the Declaration of Independence mean 
when it says, " All men are created equal ? " 

It means that all men are created with equal rights. 

Society does not make men; it takes them already 
made, with all their natural differences in character and 
talents. And we can only say that so far as man's laws 
can affect the liberty of individuals, they shall all enjoy 
equal rights before those laws. 

38. What says the Bible on the subject of Equality ? 

" Te know that the princes of the gentiles exercise 

36. Among whom only can political . liberty exist ? What is natural inequal- 
ity ? Has society any right to interfere with natural inequality ? Has every man 
a right to make the most of his own natural talents? What is social or political 
inequality ? Can it exist together with an equal enjoyment of rights by all ? Is 
liberty complete which deprives a man of any of his rights ? 

37. What does the Declaration of Independence mean when it says, " All men 
are created equal n ? Explain this. 

38. Repeat the teachings of the Bible on the subject of equality? 



Lesson. 1] LIBERTY AND EQUALITY. 45 

dominion over them, and they that are great exercise 
authority over them. But it shall not be so among you; 
but whosoever will be great among you, let him be your 
minister. And whosoever will be chief among you, let 
him be your servant." * 

" He that is greatest among you, shall be your servant. 
And whosoever exalteth himself shall be abased, and he 
that humbleth himself shall be exalted."f 

39. Row came the principles of Christianity to suggest 
the American ideas of Liberty and Equality? 

The leading colonists of America were earnest be- 
lievers in the Bible, and, having chosen to follow its 
teachings as they understood them, each for himself, 
they were so persecuted for this by the established 
churches in their European homes that they fled to the 
wilds of America in search of freedom to worship God. 
Separated as they thus became from the rest of the 
world, they had much leisure for reflection. The Bible, 
often their only book, was in every house. It was thor- 
oughly studied by the masses of the people. Its pre- 
cepts were reduced to daily practice, and its influence 
was evident in all public proceedings. As we have 
before remarked (see Chap. 1, Sec. 5, of the Introduc- 
tion), " Civilization involves all the conditions of human 
existence, so far as they relate to religion, knowledge, 
invention, law and government." It was the religion of 
the Puritans and Quakers of the 17th and 18th centuries 
that stamped itself upon American civilization. 

NOTES. 
( * ) Natural liberty consists properly in a power of acting as one 
sees fit without any restraint or control, unless by the law of nature; 
*Matt. xx : 25-27. 1Matt. xxiii: 8-12. 

39. How came the principles of Christianity to suggest the American ideas of 
liberty and equality ? Does religion exert any influence in civilization ? What 
was the religion of the early colonists of America ? 



46 POLITICAL IDEAS [Lesson l 

being a right inherent in ns by birth, and one of the gifts of God to 
man at his creation, when he endowed him with the faculty of free 
will. But every man, when he enters into society, gives up a part 
of his natural liberty as the price of so valuable a purchase ; and in 
consideration of receiving the advantages of mutual commerce, 
obliges himself to conform to those laws which the community has 
thought proper to establish. * * * For no man that considers a 
moment would wish to retain the absolute and uncontrolled power of 
doing whatever he pleases; the consequence of which is that every 
other man would have the same power, and then there would be no 
security to individuals in any of the enjoyments of life. Political, 
therefore, or civil liberty, whiGh^ is that of a member of society, is no 
other than natural liberty so far restrained by human laws (and no 
further) as is necessary and expedient for the general advantage of the 
public." — 1st Blackstone's Comm. p. 125. 

lt Moral or natural liberty is the right ivhich nature gives to all man- 
kind of disposing of their persons and property after the manner they 
judge most consonant to their happiness, on condition of their acting 
within the limits of the law of nature, and that they do not abuse it to 
the prejudice of any other men." — Burlamaqui, Ch. 3, § 15. 

" Civil liberty is the not being restrained by any law but what conduces 
in a greater degree to the public welfare." — Paley, B. VI, c. 5. 

" Civil or legal liberty is that which consists in a freedom from all 
restraints except such as established law imposes for the good of the com- 
munity to which the partial good of each individual is obliged to give 
place." — Archbishop of York, sermon preached Feb. 21st, 1777, p. 
19. 

(b) "The only purpose for which power can be rightfully exer- 
cised over any member of a civilized community against his will, is 
to prevent harm to others. His own good, either physical or moral, 
is not a sufficient warrant. He cannot rightfully be compelled to do 
or forbear because it would be better for him to do so, because it 
will make him happier, because in the opinion of others to do so 
would be wise, or even right. These are good reasons for remon- 
strating with him, or reasoning with him, or persuading him, or 
entreating him, but not for compelling him, or visiting him with 
any evil in case he do otherwise. To justify that, the conduct from 
which it is desired to deter him must be calculated to produce evil 
to some one else. The only part of the conduct of any one for 
which he is amenable to society, is that which concerns others. In 
the part which concerns himself his independence is of right abso- 



Lesson l] LIBERTY AND EQUALITY. 47 

lute. Over himself, over his own body and mind, the individual is 
sovereign." — J. Stuart Mill on Liberty, Introduction, p. 23. 

1 ' The only freedom which deserves the name is that of pursuing 
our own good in our own way, so long as we do not attempt to de- 
prive others of theirs, or impede their efforts to obtain it." — lb. p. 29. 
Throughout this work will be found annotations and quotations 
from Blackstone, J. Stuart Mill, and other English writers. In thus 
giving European authorities for American ideas, the suggestion at 
once occurs that many of the peculiarities of our system are drawn 
from foreign sources, and should therefore be found in their purity 
in the countries where they originated. The student of history will 
understand that though many of our fundamental ideas were the 
result of English thought, it was only in the free air of America that 
men were at liberty to collate those ideas and put them into prac- 
tice. In the words of the late Thos. Starr King: "All that former 
thinkers have done to justify the principle of freedom, and heroes 
have achieved against the oppressions of despotism, and martyrs 
have suffered for their perilous love of liberty; all the stimulus 
which religion, in the past, has given to the heart's reverence for 
right and the head's loyalty to truth; all that eloquence has done to 
make tyranny tremble and fan the popular sense of justice to a 
flame; all that literature has preserved in treatise, song or drama, of 
past devotion to liberty and longing for its triumph, are related and 
have contributed to our success in the structure of a social polity. 
We may properly enjoy the pride, if we will be faithful to the privi- 
lege of bearing in our institutions the best thought and life of 
the past concerning public justice and social welfare." — Lecture on 
Patriotism. 

The antitheses pointed out in this work between American and 
European ideas of government must be understood with reference 
to the state of European thought previous to the rise of the Ameri- 
can system. During the nineteenth century the progress of Europe 
towards popular liberty has been greatly influenced by the example 
of the United States. Thus in England, whose common law was the 
basis of American law, had it not been for our example, it is very 
doubtful whether she would have extended the franchise to £10 free- 
holders; revised her public school system; introduced the ballot; 
disestablished the Irish church; liberalized her bankrupt laws; ad- 
mitted Jews to Parliament; restricted the death penalty; or abol- 
ished the Catholic disabilities. Nor would the power of her nobility 
have waned in proportion to the rising influence of her commonalty, 



43 POLITICAL IDEAS. [Lesson 2 

who now constitute the real power of the British State. Nor without 
American example would republican ideas have made such strides on 
the Continent of Europe, where this century has witnessed great pro- 
gress in religious toleration ; in extending the freedom of the press ; 
in abolishing the passport system ; in the recognition of popular - 
sovereignty; in the use of trial by jury, and the suffrage; in the 
adoption of the American doctrines of naturalization and of free 
education by the State. Though the contrast between American 
and European political ideas is now far less striking than in the last 
century, the American must not therefore lose sight of the value of 
his distinctive national principles, which, originally developed in 
spite of European opposition and contumely, have gradually con- 
vinced the world of their truth, and won the once hostile thought 
of monarchists to the attitude of respectful imitation. 



LESSON II, 

OF LAV/. 

40. In our first lesson we defined "political or civil 
liberty to be the freedom to every individual to do as he 
pleases, so long as he does no evil to any one else." 
Now suppose that some members of society insist on car- 
rying out the natural idea of liberty, by doing as they 
please without any regard to the rights of others. Can 
peaceable citizens enjoy civil liberty where such people are 
allowed their own way f 

They cannot. No man can be free -when he is 
liable to be knocked down, robbed, insulted, or 
murdered by any evil disposed person. Peaceable 
people require that society shall protect their rights; 
otherwise each must go armed for his own protection. 

40. Can peaceable citizens enjoy liberty in a society where crime goes unpun- 
ished? What do good citizens require from society? 



Lesson 2] OF LA W. 40 

41. V/hat then relieves the citizen of the necessity of de- 
fending himself against the bad men icho infest every com- 
munity ? 

Law, which protects society by punishing those who 
will not respect the rights of others. 

42. What three ideas then are inseparable in the Amer- 
ican system f 

Liberty, Equality and Law. 

43. What do you understand by " Law " ? 

The appointed rules of a Government for the con- 
trol of its people.* 

44. What gives to law its power under every form of gov- 
eminent ? 

The authority of society, which is supposed to ex- 
press its will through government. But in no countries 
save the ancient Grecian democracies and the United 
States, has the authority of laws been actually and con- 
stantly drawn from the free, voluntary expression of the 
people who were to obey them. A great proportion of law 
in other countries has been enacted by governments com- 
posed of the ruling classes, for their own exclusive bene- 
fit, not only without consulting the people, but often for 
the purpose of oppressing and plundering them. Law 
has always been a powerful weapon in the hands of the 
great for striking down the the natural rights of the 
masses. 

*1 Kent. 447. 



41. What relieves the citizen from the duty of protecting himself against bad 
men? 

42. What three ideas are inseperable in the American system? 

43. What is Law? 

44. What gives to law its power? In what countries only has law derived its 
power solely from the governed ? How have laws generally been enacted under 
other governments? For what objects? Has the good of the people been the 
principal object of laws in all forms of Government ? 

5 



50 , POLITICAL IDEAS. [Lesso>. 2 

45. What are the principle objects of American laws f 
First. To protect the life, liberty, property aid 

happiness of every person alike, without regard to 
race, religion, birth, or color, from violence and op- 
pression, whether attempted by individuals, socie- 
ties, Government or its officers, or by foreign na- 
tions. 

Second. To promote the greatest good of the 
greatest number. 

46. Why do our laws operate precisely alike upon all per- 
sons under their control ? 

Beeause in no other way can equality be enforced 
among the people. If there be any rights under the 
law, given to one man or set of men, which the others do 
not enjoy, then there is inequality, and we have al- 
ready seen that without perfect equality the liberty of a 
portion of the people must be interfered with. (See 
Sec. 36.) 

47. You said that the objects of laws in the United Slates 
were to protect the people from oppression, whether at- 
tempted by individuals or by the Government. Why is it 
necessary that the citizens should be protected from their own 
Government. 

Because all history reeks with the innocent blood of 
subjects that has been shed by Kings, Emperors, nobles 
and tyrants under every pretext, and under every form 
of government except our own. It is a law of human 
nature that unchecked power is sure to be abused. 



45. What are the principal objects of American laws? 

46. Why do our laws operate alike on til persons? Can liberty exist without 
equality ? 

47- Why must the citizen be protected from his own Government? What is 
the tendency of unlimited power ? Are the powers trusted to Government offi- 
cers in the United States limited ? To what ? Is it possible for our law-abiding 
citizens to receive harm f rom the Government ? 



Lesson 2] OF LAW, 51 

Power loves to be felt, and to strengthen itself. Ambi- 
tious men are everywhere found who seek it, and having 
attained it, then they labor to subjugate their race by 
every possible means. 

*The American system gives to its Government 
officers power enough to serve the public, but it 
trusts them no further than this necessity requires. 
It is nearly impossible for our Government or its 
cfiieers to do harm to any citizen. Nor can oppres- 
sion of any kind be inflicted on our people, until the 
principles of Eepublicanism be overthrown. 

48. What is a Constitution ? 

A written statement of the principles on which a Gov- 
ernment is founded, together with the form of its 
construction, the division and limitation of its powers, 
the description of its various offices, and their relation 
to each other, 

49. How many Constitutions are there in the United 
States ? 

There is one for each State, known as the " State Con- 
stitution/' and one for the whole Union, called the " Fed- 
eral Constitution." 

50. What relation does a Constitution bear to the laius ? 
The Constitution is like the frame of a house; the 

laws like the boarding, roofing, plastering and finishing. 
The frame gives to the building its size, strength and 
proportion; but unless it be covered in and completed 
it is of no use as a house. To the Constitution the laws 
must be fitted, each law also bearing its proper relations 

*See Montesquieu, Esprit des Loix XI, 5, also Leiber's Pol. Ethics, Book n, 

lxxiiiii. 



48. What is a Constitution? 

49. How many Constitutions are there in the United States? 

50. What relation does the Constitution bear to the laws? 



52 w POLITICAL IDEAS, [Lesson a 

to all the others. In this way only can a uniform, con- 
sistent, complete and just system of laws be adapted 
to the wants of a civilized people. 

51. Are Constitutions and Laws established by the same 
authority? 

Both are ordained by the authority of the people, but 
they are established at different times, and through dif- 
ferent agents. Constitutions, like house frames, are 
made first. They are generally drafted by a convention 
of delegates elected by the people for that service only, 
and their work is always afterwards submitted to the vote 
of the people; a majority of whom must vote in favor 
of it, or it cannot be adopted. Laws, however, are after- 
wards made by the legislators, who are elected every year 
or two for that purpose, in the manner and at the times 
prescribed in the Constitution. But the work of the 
Legislatures is not submitted to the popular vote except 
in very few contingencies. If they pass acts which prove 
to be unequal, unjust or contrary to the Constitution, 
or to the public will, the next Legislature will generally 
repeal or amend them, or they will be declared uncon- 
stitutitional by the judges. In these ways the will of the 
people always controls the making of the laws. 

52. Wliy are the Americans peculiarly a law-abiding 
'people t* 

A. Because they are generally intelligent enough to 
know that society cannot exist without obedient respect 
for law. 

*Sce Romans xiii: 1-7. 



51. How are Constitutions made ? "Do they derive their authority from the 
people ? How ? How are laws made ? How are bad laws gotton rid of ? How 
does the public will control the making of the laws? 

52. Why are Americans peculiarly a law-abiding people ? What do law-breakers 
think of laws ? 



Lesson 2] OF LAW* 53 

B. Because tliey know that if their obedience is not 
voluntary, it must be compelled by force; and that were 
armies, spies, informers and large bodies of police thus 
made necessary, the republic must give way to monarchy. 

G. Because the laws, being all made to please the ma- 
jority of the people, oppress no one, and are felt only by 
the law-breakers, to whom all laws are offensive, and of 
these it may be said: 

41 No rogue e'er felt the halter draw 
With good opinion of the law. 51 

53. Into how may different departments may American 
laws be divided ? 
Into six, viz: 

A. Criminal Law, wrhich defines all kinds of crimes 
and offenses against the public or " State." These 
crimes and offenses include every act which may be com- 
mitted against the lives, liberties, rights, property and 
reputation of individuals, and the criminal law carefully 
prescribes the punishments for each of such acts, which 
are called " public wrongs." 

B. Civil Law, which prescribes the rights of persons 
and property, and the remedies for those who are un- 
justly deprived of them by what are called " private 
wrongs."* 

C. Maritime Law, which relates to life, liberty and 
property on the high seas, and on lakes and navigable 
rivers. 

D. Military and Martial Law, for the government 
of the army and navy, and places in a state of invasion 
or insurrection. 

*See Blackstone's Com., Books m and IV. 



53. Into how many departments may American laws be divided? What is 
Criminal law? Civil law? Maritime law? Military or Martial law ? ."Revenue 
law? The law of nations ? 



54: POLITICAL IDEAS. [Lesson 2 

E. Revenue Law, winch enjoins when, where, anct 
how the various taxes must be paid for the support of the 
government. 

F. The Law of Nations, which regulates the con- 
duct of different nations towards each other in all cir- 
cumstances of peace or war. (This can hardly be called 
American law, except so far as America, in common with 
other civilized nations, is bound by it.) 

54. What are the rights which are secured to every indi- 
vidual by the Constitutions and laws of the United States. 

A. The right of personal liberty, secured from in- 
jury to his life, his limbs, his body, his health, and his 
reputation. 

B. The right of locomotion, or moving from place to 
place, or traveling at his own pleasure. 

C. The right of property, and the right to be secure 
in his house, papers and effects from unreasonable 
searches and seizures. 

D. The right to worship God according to his own 
conscience. 

E. The right of free opinion on all subjects. 

F. The right of free speech. 

G. The right of free press. 

H. The rights of free communication and associa- 
tion. 

I. The right of free assembly. 

J. The rights of petition and instruction. 

K. The right to keep and bear arms. 

L. The right of trial by jury, and other rights- of 
accused persons. 

M. The right to appeal to the courts for protection 
to all his rights of person or property. 

54. iSTaine the personal rights which are secured to every individual "by the 
American laws ? 



Ltsson 3] GOVERNMENT BY AND FOE THE PEOPLE. 55 

K The right of habeas corpus. 

0. The right to educate his children at the public 
expense. 

P. The rights of husband and wife. 

Q. The right — to all native-born men of lawful age, 
and to all naturalized citizens — of suffrage. 

E. And generally, the absolute right of sovereignty 
over his own body and mind, so lon^ as his conduct 
produces no ill to any one else. 



LESSON III. 



OF GOVERNMENT BY AND FOK THE PEOPLE. 

55. In Chapter II of the Introduction we gave you a 
brief sketch of the feudal system, and some idea of what 
was meant by the doctrine of the " divine right" of 
Kings. Let us now illustrate this by a diagram. 

King 





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People 

This diagram represents the monarchical state. At its top 
sits the King, claiming to derive his authority from God. 

55- Describe the diagram illustrating monarchy, under the divine right doc- 
trine? What was that doctrine? What was the position and authority of the 
King under that idea? Who came nest to him in the State? Who were next 
after the Court? What next? What was the position of the army? of the judi- 
ciary and police ? What was departmental Government ? What was the position 
of the people ? 



56 POLITICAL IDEAS. [Lesson 3 

All power Hows downward from him. First below him 
are his court, or his ministers, generally chosen from 
among the nobles. Under these are the great body of 
the nobility. Next comes the State Church, supporting 
the King and nobles, and patronized by them. The 
army, governed wholly by the King and nobles, and often 
used in persecuting the enemies of the Church, furnishes 
the great means of tyrannizing over the people. Next 
the judges and police, all appointed by the King and de- 
pendent on him, contribute their efforts to his service. 
The departmental government is the local magistracy of 
all the cities and villages ruling the people by the King's 
authority, so that even in their own local affairs they must 
obey the royal commands. Under all this heavy weight 
helplessly lie the masses, supporting the whole by their 
labor, yet having no acknowledged rights; liable to be 
dragged into the army, subject to have soldiers quar- 
tered in their houses, their property seized, their families 
outraged, and themselves made the victims of every ca- 
price of tyranny. All history is filled with the wars, the 
crimes and oppressions of the governing classes. It has 
but little to tell of the people, except that they often re- 
belled, though generally in vain, against the outrages 
continually heaped upon them. This system, once uni- 
versal throughout Europe, has during the past century 
been gradually passing away. Under its false and bane- 
ful teachings no liberty and very little happiness were at 
all possible to the people. 

56. Now this diagram represents the American system, 
in which the people are on the top, and all power flows 



56. Describe the diagram, representing the American system. Does power flow 
from or to the people? Is the Republican system only one Government? What 
is the object of dividing the powers and duties of Government? How many dis- 
tinct Governments are there in the United States. 



Lesson 3] GOVERNMENT BY AND FOR TEE PEOPLE. 57 



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Federal Government. 



downwards from them to their several governments. 
And here it must be remembered, that the republican 
system is not one Government. On the theory that 
the people are sovereign, everything must be ar- 
ranged so that they can themselves manage their 
own affairs as far as practicable.* 

There are thus many thousands of distinct govern- 
ments in the United States. Let us see. 

SCHOOL DISTRICTS; 

57. In some of the States the lowest political division 
of territory is the School District, whose inhabitants 
meet in general assembly, to elect school trustees, decide 
on the building of school houses, and the tax they w r ill 
pay towards a teacher's salary and the supplies for the 
school. This forms the Government of the school dis- 
trict, "by the people and for the people/' but it extends 
only to matters concerning the school. 



57- What is the school district? What matters are acted on by the people at 
school district meetings? What is the extent of the Government necessary in a 
school district ? 



58 POLITICAL IDEAS. [Lesson 3 

TOWNSHIPS. 

53. The school district (where it exists) is, however, 
but a subdivision of the Town or Township, which is a 
distinct political organization found everywhere through- 
out the Union, though under different laws in the various 
States. And here there are more officers to be chosen, 
for there are more public wants than in a school district, 
and consequently more duties to be performed. In the 
older States, such as those in New England, the town's 
people meet at least i once a year. The three ' ' select- 
men," who manage the town affairs, call these meetings. 
They report to the people what they have done during 
the previous year, and recommend to them such meas- 
ures as they think necessary for the future. Upon these 
the people decide, and in this way the town lays out 
roads, builds bridges, provides for the support of the 
town poor, and le^es its own taxes for these purposes. 
It elects its own selectmen, road master, justice of the 
peace, fence viewers, pound master, constables and town 
clerk. And each town, or township, managing its own 
local affairs for itself, without meddling with or being 
disturbed by any other town, has its own Government, 
made "by the people, and used only for the people," 
living in that town. 

CITIES. 

59. The simple organization of town or township 
government is however adapted only to small commu- 
nities, containing each but a few hundred or a few thou- 

58. What is a town? What business is transacted at a town meeting? What 
officers are elected for town government ? Has one town anything to do with the 
government of any other town ? 

59. Why is the township form of government not adapted to cities? In what 
does the usual city Government differ from that of the town ? What is a charter ? 
What are the usual officers of a city Government ? What subordinate depart- 
ments are required in cities ? Why ? 



Lesson 3] GO VERNMENT BY AND FOR THE PEOPLE. 59 

sand people. But for cities, a much more complete and 
elaborate form of government is required. This is gen- 
erally prescribed by a charter granted specially to each 
city by the State Legislature. Such a charter usually 
provides for a Mayor, a Board of Aldermen, or Coun- 
cil, a Tax Collector, an Assessor, a Treasurer, an Au- 
ditor, a City Attorney, a numerous body of Policemen, 
and one or more Judges, all of whom are elected by the 
people of the city. Besides these, the wants of large 
cities wherein paupers, criminals, the sick and diseased, 
and strangers form a much larger proportion of the popu- 
lation than they do in the country, require many other sub- 
ordinate departments and officers. Among these are the 
Fire Department, Jails, the Health Office, Hospitals, 
Alms Houses, the School Department, Reformatory 
Schools, the Board of Public Works, the Street De- 
partment, and in sea ports, the Harbor Master and 
Harbor Police. Moreover, as large cities are constantly 
visited by a large portion of the population of the State, 
owing to the commercial dependence of the country upon 
the cities, the Legislature exercises much more watchful 
care over the city government than is required by the 
towns. Nevertheless, all the principal city officers are 
chosen only by the people of the city, to whom they are 
responsible, and thus the city Government, like that of 
the town, is administered "by and for the people" of 
the city. 

COUNTIES. 

60. But the towns and cities are not isolated communi- 

60. What is a county? Who manages the affairs of a county? How are the 
Supervisors or Commissioners elected ? What are the powers of the Superrisgrs 
or Commissioners? What other county officers are elected by the people? 
What are the duties of a District Attorney ? Of a County Judge ? Of a County 
Clerk? Of a County Recorder? Of a Sheriff? Of a County Surveyor? Of a 
County Assessor? Of a Coroner? Of a County Treasurer? Of a Public Ad- 
ministrator ? 



GO POLITICAL IDEAS. [Lesson 3 

ties. One town or city is neighbor to another, and the 
people of all have many interests in common. Several 
towns therefore form, a county ; and to the county 
government the people in the several towns elect annually 
a delegate who represents that town in the County Board 
of Supervisors or County Commissioners. This body 
has a limited power over the county roads and bridges, 
the county jail, hospital and records. It has the power 
to levy the taxes on the people necessary to pay the an- 
nual expenses of these institutions. The people also 
elect a County Judge, a District Attorney, a County 
Clerk and Recorder, a Sheriff, a Surveyor, an Asses- 
sor, a Coroner, a Treasurer, a School Superintendent 
and a Public Administrator. The duties of these offi- 
cers are as follows: 

COUNTY OFFICERS. 

The District Attorney is a lawyer, whose business is 
to prosecute persons accused of crime before the courts 
sitting in the county. 

The County Judge is the Judge of the County Court, 
before which are tried all indictments for crimes com- 
mitted in the county, and to which appeals may be taken 
from the several Justices' Courts in the different towns. 

The County Clerk is the Clerk of the County Court, 
and keeps all the books and papers of the county relat- 
ing to suits at law. 

The County Recorder copies all deeds, mortgages 
and other documents relating to the landed property of 
the citizens of the County, into books provided for that 
purpose. 

The Sheriff arrests criminals and keeps them in the 
jail, subject to the orders of the courts. And he exe- 
cutes all the lawful commands of the judges, preserves 



Lesson 3] GOVERNMENT BY AND FOB THE PEOPLE. (51 

the j)eace, and calls out the military or people of the 
county to assist him in case of resistance to the laws. 

The County Surveyor makes official surveys of the 
county roads, and of all lands whose owners desire to 
Lave them surveyed officially. 

The County Assessor fixes the value of all the lands 
and other property in the county for the purpose of 
charging each owner thereof with his fair proportion of 
the State and county taxes. 

The Coroner's business is to inquire into all cases of 
sudden and unaccountable death occuring in the county, 
so as to detect and punish murder, if any has been com- 
mitted. He also acts as Sheriff in case of that officer's 
disability, absence, or death. 

The County Treasurer collects and keeps the taxes, 
subject to the orders of the Supervisors, and in compli- 
ance with the State law. 

The County Superintendent of Public Schools 
presides over all the common schools in the county. 

And the Public Administrator takes charge of all 
the property of deceased persons, in cases where no 
other party is entitled to administration. He holds such 
property, subject to the orders of the Probate Court and 
to the rights of lawful heirs. 

Thus many of the duties of the Government are 
performed by the county officers. These are all 
elected "by the people," and they act only "for 
the people " within the limits of their own county. 

STATE. 

61. "We come now to one of the grand divisions of ter- 

61. What is a State? What is the political character of a State? How many 
counties in a State? Is the State a confederacy of counties? Is the county a 
confederacy of towns ? What is a confederacy ? Is the State government made 



G2 POLITICAL IDEAS. [Lessons 

ritory and authority in the United States, to wit: the free 
and independent States. Each State comprises a 
number of counties. Delaware has but three, and 
Rhode Island has only five; but others, like New York, 
Georgia. California and some of the northwestern States, 
have fifty to eighty counties. But the State is not a 
confederacy of counties. A confederacy is a league 
or covenant between independent governments, 
acting in their sovereign capacity. Now the prin- 
ciple of confederacy does not at all enter into any part 
of the Government of the United States. The town is 
not a confederacy of school districts (where such exist), 
nor is the county a confederacy of towns: neither is the 
Union a confederacy of States. The obj'ect of the division 
of the powers and duties of government among so many 
officers and districts, is that the people of each town, 
county and State may govern themselves in their 
own way in all matters concerning themselves 
only ; and this is one of the crowning advantages of the 
American system. In fact, local self-government 
would be impossible under any other plan. The 
duties which, under a King, would be performed by 
thousands of petty officers sent by him into every village 
to rule the people in spite of themselves, are, in the 
United States, divided by the people among the officers 
elected by themselves, town by town, county by 
county, and State by State, to serve them in the man- 
ner prescribed by law. Each State is a complete 
Republic, having all the powers of an independent 
nation, except those granted for special purposes 

by the people? Are its officers elected by the people? How are the duties of 
government divided among school district, town, county and State govern- 
ments? How would the small offices be filled under a monarchy? Does the 
State form a complete nation in itself? What restriction is there on the powers 
of a State? 



Lesson 4] OF CONSTITUTIONAL GOVERNMENT, 63 

by the people of all the States to the Federal Gov- 
ernment, as we shall hereafter explain. 

Notes. — (a) King James the First of England more than once laid 
it down in his speeches that, " as it is atheism and blasphemy in a 
creature to dispute what the Deity may do, so it is presumption and 
sedition in a subject to dispute what a King may do in the height of 
his power. Good Christians, he adds, will be content with God's 
will revealed in his Word; and good subjects will rest in the King's 
will, revealed in his law." 

1 Blackstone Com., *238. 



LESSON IY. 

OF CONSTITUTIONAL GOVERNMENT. 

62. The first step in forming a State Government is the 
framing and adoption of a written Constitution. 

This is done by a convention chosen by the people of 
the whole territory for which the Constitution is to be 
formed. Each county is allowed a number of delegates 
to the convention in proportion to its population. The 
Constitution is by these carefully prepared, and when 
adapted in their judgment to the requirements of the 
territory, it is published, and the people are called on to 
vote for or against it. If the majority of the votes cast 
are in its favor, it is declared adopted, and becomes the 
fundamental law of the land. 

Changing the Constitution. 
63. The Declaration of Independence declares "that 

62. What is the first step in forming a State Government? How is a State 
Constitution formed? How are the delegates to a convention apportioned ? How 
is the Constitution finally adopted ? 

63. What says the Declaration of Independence on the subject of altering 
forms of government How are Constitutions altered in the United States? 



64 POLITICAL IDEAS. . [Lesson 4 

whenever any form of Government becomes destructive 
of these ends (of securing the life, liberty and property 
of the people), it is the right of the people to alter or abolish 
it, and to institute a new Government, laying its foundations 
on such principles, and organizing its powers in such 
form, as to them shall seem most likely to effect their 
safety and happiness." 

For the purpose of avoiding the revolution and 
bloodshed which, in Europe have almost always 
attended change in the form of government, all 
American Constitutions contain a clause providing 
how the people shall proceed if they wish to alter 
or amend them ; and this may be done at any time the 
people desire it, by the mere operation of the ballot. 
This cuts off in advance all excuse for revolution, and 
thus secures a peaceful solution of all questions touching 
a change in the fundamental law. 

What the Constitution provides. 

64. A. It states the principles on which the Govern- 
ment is to be founded. This part of it is called the 
"Bill of Eights." 

B. It provides 'who are entitled to vote at popular 
elections. 

C. It provides for the election of the Legislature, 
which consists of two separate bodies or " houses.*' One 
of these is called the " Senate/' the other the " Assem- 
bly " or "House of Representatives." Of these the Sen- 

64. What does a State Constitution provide ? What is a Bill of Eights ? What 
is the usual construction of a Legislature? What are the differences between 
the two houses ? What are the powers and duties of the Legislature ? What are 
the constitutional regulations as to counties and towns ? What as to a Governor 
. and Lieutenant Governor? What as to Judges? What as to education, the 
militia, and general laws ? Does the Constitution define the limits of official 
power ? 



Lesson 4 J OF CONSTITUTIONAL GOVERNMENT. 65 

ate is always the smaller body, and its members are 
elected for from two to six years. The members of the 
Assembly are elected for only one or two years. 
These two bodies assemble at regular periods fixed in 
the Constitution, to make laws for all the people in the 
State; and that instrument prescribes how the laws shall 
be made, and defines exactly what powers are given to 
the Legislature and to all other officers of the State. 
It also locates the boundaries of the State, and of 
each county. In this way each of the small Gov- 
ernments is regulated uniformly with the others, 
county with county, and town with town; and all are 
governed by the same laws. 

D. The Constitution provides for the election of a 
Governor and Lieutenant Governor, and fixes their 
duties and powers. 

E. It also creates certain Courts, or gives power to the 
Legislature to provide them, so that judges shall be ap- 
pointed or elected whenever the people may require their 
services. 

F. It empowers the Legislature to provide for pub- 
lic education, for the organization of the State troops 
or " militia," and to pass all necessary civil, criminal and 
revenue laws; and it either fixes every detail of the ma- 
chinery of the State government, or gives the Legislature 
power so to do. 

G. It carefully forbids all public officers to usurp 
any power not confided to them respectively, 
and prescribes, or authorizes the Legislature to pre- 
scribe, for their impeachment, should they violate this 
prohibition. 

65. We have now seen that popular government begins 
with the school district, then extends to the town, thence 
to the county, and from that to the State. "We have 



66 POLITICAL IDEAS, [Lesson 4 

also seen that though, several school districts form the 
town, several towns a county, and several counties a 
State, jet the people in each subdivision elect the various 
officers thereof, whose duties are fixed by law, and who 
are responsible to the people. We have also seen 
that the State is a complete republic, having all the 
powers of an independent nation, except those 
granted for special purposes by the whole American 
people to the Federal Government or "Union." We 
have now to inquire — 

68,. What are the nature and purpose of (lie Federal 
Government, or Union? 

Its nature is not that of a confederacy between inde- 
pendent States, for a confederacy, as we have shown 
(see section 61), is a league or covenant between 
independent States, acting in their sovereign ca- 
pacity. Such a league or covenant, like a bargain be- 
tween individuals, when broken by one, no longer binds 
the others. Such was the old American confederacy, 
which preceded the present Constitution, and fell to 
pieces by its own weight before it was ten years old. 
Such was the Southern view of the Union for many 
years before the great civil war of 18G1, and had it been 
true, the South vould have been justified in attempting 
to withdraw from a distasteful partnership. But this 
view is now universally regarded as a mistaken one. 
The true nature and object of the American Union 
consist in the uniting of the people of the whole 
country into one great nation for certain purposes 
only. Those purposes are expressed in those sections 
of the Federal Constitution which confine the powers 
of the General Government to those functions only 

66. What is the nature and purpose of the Federal Government or Union? 
What is it not ? Explain why it is not a confederacy ? What is it ? 



Lesson 4] OF CONSTITUTIONAL GOVERNMENT. 67 

which can "be "better performed by all the people 
united than by each State singly, and for itself 
alone. 

67. Thus, each State unaided would be weak in case 
of war. Even New York would be no match for England 
or France. But all the States together are strong, and 
hence European countries are anxious to be at peace 
with them. 

Each State would be grievously taxed to maintain a 
separate army and navy, and to keep its Ministers and 
Consuls in foreign countries. But the expense of one 
army and navy, and one set of Ministers and Consuls 
falls lightly on them all. 

If each State were wholly independent of the others, 
wars would break out between them, as they continually 
do among the States of Europe. But all the States 
being under one General Government, domestic peace is 
secured. 

If each State were to coin its own money, there would 
be as many different coinages as there are States, which 
would greatly interfere with commerce (an inconvenience 
causing great annoyance in Europe.) But one national 
coinage passes everywhere alike. 

68. In the Federal Constitution, therefore, the people 
of all the States gave to the General Government the 
following exclusive powers: 

A. To lay and collect the taxes, duties, imposts and 
excises, to pay the debts, and provide for the common 
defense and general welfare of the United States; but 
all sach duties, imposts and excises must be uniform 
throughout the United States. 

67- Name some of the functions of government which are better performed by- 
one government than by many ? How about war ? Army and navy ? Coinage ? 

68- Enumerate the powers given to the General Government by the Federal 
Constitution? 



68 POLITICAL IDEAS. [Lesson 4 

B. To borrow money-on the credit -of the United 
States. 

C. To regulate commerce with foreign nations, and 
among the several States, and with the Indian tribes. 

D. To establish a uniform rule of naturalization, and 
uniform laws on the subject of bankruptcy throughout 
the United States. 

E. To coin money, regulate the value thereof, and 
of foreign coin, and fix the standard of weights and 
measures. 

F. To provide for the punishment of counterfeiting 
the securities and current coin of the United States. 

G\ To establish post offices and post roads. 

H. To promote the progress of science and the use- 
ful arts by securing for limited times to authors and 
inventors the exclusive right to their respective writings 
and discoveries. 

I. To constitute tribunals inferior to the Supreme 
Court.* 

J. To define and punish piracies and felonies com- 
mitted on the high seas, and offenses against the law of 
nations. 

K. To declare war, grant letters of marque and re- 
prisal, and make rules concerning captures on land and 
water. 

L. To raise and support armies. 

M. To provide and maintain a navy. 

N. To make rules for the government and regulation 
of the land and naval forces. 

O. To provide for calling forth the militia to execute 
the laws of the Union, suppress insurrections and repel 
invasions. 

*Note. — The Supreme Court of the United States is established by the Consti- 
tution. See Art. I, Sees. 1 and 2. 



Lesson 4] OF CONSTITUTIONAL G0VEBN3IENT. 69 

P To mate all laws which shall be necessary and 
proper for carrying into execution the foregoing powers.* 

69. How are the several States prevented from interfering 
icith the Federal Government in the exercise of these powers? 

The Federal Constitution explicitly forbid? them to 
interfere. It also requires the States to perform certain 
duties alike, so as to preserve everywhere the liberties 
of the citizens, fjust as the State Constitution prescribes 
uniform regulations to all its own counties and towns. 

70. How, on the other hand, is the Federal Government 
prevented from intermeddling with the State Governments, 
or with the rights of the people? 

By the ninth and tenth amendments to the Federal ' 
Constitution, which provide that " the enumeration (in 
that document) of certain rights shall not be construed 
to deny or disparage others retained by the people;" and 
that " the power not delegated to the United States by 
the Constitution, nor prohibited by it to the States, are 
reserved to the States respectively, or to the people." 

71. You now understand clearly the following princi- 
ples: 

A. That government by the people means that 
the people make and maintain the Government in 
such form and in such hands as suit themselves, 
through the frequent exercise of the individual 
right of suffrage. 

B. That government for the people means that 

*Art. 1, Sec. 9 of the Federal Constitution. 
tSee Art. 1, Sec. 10, Fed. Constitution. 

69. How are the States prevented from interfering with the Federal Govern- 
ment? 

70. How is the latter prevented from disturbing the former? 

71. Repeat the principles printed in large type. 

A. What is government by the people? 

B. What is government for the people? 



70 POLITICAL IDEAS. [Lesson 4 

the only purpose for which government exists is 
to protect the lives, liberty, property and happiness 
of the people, and thereby " to establish justice, insure 
domestic tranquillity, provide for the common defense, 
promote the general welfare, and secure the blessings of 
liberty to themselves and their posterity/'* 

C. That the first means used in the United States to 
carry these principles into practice is the division of the 
whole territory into States; of the States into coun- 
ties; of the counties into towns, and of the towns 
into school districts, in each of which certain public 
officers are entrusted each with a minute portion of 
the Government powers. 

D. That each officer is elected by the voters of 
.the district he represents. 

E. That each elected officer is accountable for the 
discharge of his official duties only to the people of 
the district that elects him; that is, to his own constit- 
uents, and to no others. 

F. That the exact powers and duties of each of- 
ficer are clearly fixed by law. 

G. That the several States have nothing to do 
with each other. The several counties in each 
State have no right to meddle with each other, nor 
the different towns in a county, nor the school dis- 
tricts in a town. But each has the right to manage its 
own domestic affairs in its own way, under the general 

*See preamble to the Federal Constitution. 

C. What use is made of political divisions of territory in carrying these princi- 
ples into practice ? 

D. Who elects tbe officers of each district? 

E. To whom is each officer accountable? 

F. How are the powers and duties of each officer fixed? 

G-. Have the various political divisions of territory anything to do with each 
other? Does each manage its own concerns ? 



Lesson 5] OF CHECKS AND BALANCES. 71 

constitutions and laws, so long as it does not infringe 
upon the liberties of the people.* 

H. That the principle of " confederacy " is care- 
fully excluded from the entire American system* 

I. That the United States are ail one country; the re- 
lation of the several States to the Union being 
merely a division between them of the several 
functions of the Government, which, if not so divided, 
would be impossible under the Republican form. 

J. That sovereignty resides in the people, and 
not in any of the governmental establishments or 
ofHcials.f 

Now turn back to the diagram representing the Amer- 
ican system. Apply the last two chapters to it, and you 
will find the principle of " Government by and for the 
people," firmly and clearly fixed in your memory. 



LESSON Y. 

OF CHECKS AND BALANCES IN THE GOVERNMENT. 

72. In "Section 47, you learned "that the objects of 
laws in the United States were to protect the peoplo 
from oppression, whether attempted by individuals or 
by the government : that power loves to be felt and to 

*This statement expresses the doctrine kno\ni by the name of " Squatter Sov- 
ereignty." See Douglas' Speeches. 
tCal. Political Code, Sec. 30. 



H. Is the principle of conf ederacy admitted in the United States ? 
I. Are ihe United States all one country? What is the relation of the States to 
the Union ? 
J. Where does " sovereignty" reside in the United States? 
Lesson V — 72. Repeat the quotation from Section 47 ? 



72 POLITICAL IDEAS. [Lesson ! 

strengthen itself, and that ambitious men are everywhere 
found who seek it, and having attained it, then they 
labor to subjugate their race by every possible means." 
73. Now the principal reason why the absolute mon- 
archs of Europe have so grievously oppressed their sub- 
jects was, because there was no cheek or limit to their 
power. And when under the system of " limited mon- 
archy " the Parliament, as in England, during the reigns 
of several of the kings and queens ending with that of 
Charles I, in 1648, attempted to curb the aggressions of 
the prince, a fierce and finally a bloody controversy was 
waged between them. The kings claimed the unlimited 
right to tax the people as a part of the prerogative of 
the crown. "When Parliament refused its consent to 
such taxes, it was repeatedly "prorogued" or "dis- 
solved," so that the King could do as he pleased while 
it was not in session. Thus, having power through the 
army to enforce laws made by himself, he would of 
course make such laws as would increase his power. 
This has been the almost universal history of king-craft. 
Even in this century, we have seen the two Napoleons 
in France, each abusing the too great powers entrusted 
to him by overthrowing the constitution of that country, 
and making himself emperor over the ruins of a re- 
public. 

74. Now the only way to prevent this abuse of power, 
and consequent enslavement of the people, is not to 
give the whole power of the Government to any- 
body ; but instead of this to give to each officer just as 

73. Why have Kings been able to oppress their people? What was the cause 
of dispute between the Kings of England and Parliament previous to 1048? 
What did the Kings continually seek to do ? How did the Napoleons manage to 
make themselves Emperors in France ? 

74. State the only way to prevent the enslavement of the people by their 
governments ? 



Lesson 5] OF CHECKS AXD BALANCES. 73 

little as will enable him to serve the people in his own 
department, while another officer shall be set to watch 
him, and see that he does his whole duty, and nothing 
but his duty. 

75. Thus in all American Constitutions the pow- 
ers of the Government are separated in three grand 
divisions, viz : 

A. The Legislative, which makes the laws under and 
in accordance with the Constitution. 

B. The Executive, which sees that the laws made 
by the legislative department are obeyed. 

C. The Judiciary, which administers the civil and 
criminal law, dispensing justice between man and man, 
punishing criminals, and deciding whether the acts 
passed by the Legislature are conformable to the Con- 
stitution. 

^Each of the principal officers occupying these sev- 
eral departments is separately elected by the people, 
and they are not only independent of each other, but 
they constantly keep one another in check. Nor is 
this interposition of checks and balances confined to the 
three divisions we have just mentioned: but it is intro- 
duced everywhere, and in all possible forms, into the 
administration of each division itself. 

THE LEGISLATIVE' DEPARTMENT^ 

76. All legislative bodies, whether of the States or of 
the General Government (called Congress), are divided 
into two separate houses. The upper house is called the 
" Senate," and in the Congress it is composed of two 

75. Into what three grand divisions do American Constitii + 4ons separate the 
powers of government '? Describe the functions of these divisions? Is the sys- 
tem of checks and balances confined to the three divisions ? 

76. Describe the Legislative department ? How is Congress composed ? How 
are Senators and Eepresentatives elected? 

7 



74 POLITICAL IDEAS, [Lesson S 

Senators, elected by the Legislature of each State, who 
are chosen for terms of six years each. In the State 
Legislatures, the Senators are elected from larger dis- 
tricts, and for longer terms than the members of the 
lower house. In all eases the Senators are fewer in 
number than the Representatives, and as it is consid- 
ered the highest honor in the gift of the people, next to 
the Presidency or Governorship, to be elected a Senator, 
the original idea was that only men of ability, expe- 
rience and mature years should compose that body, 

77. The House of Representatives in Congress is 
now composed of one member for every 157,109 inhab- 
itants, * provided however that each State shall have 
at least one Representative, though its population be less 
than 157,109. The " Members of the Assembly," oi 
lower house of the State Legislature, are generally 
elected by counties, in numbers proportioned to the 
population of each. 

78. Every bill passed by any legislative body must 
be concurred in, word for word, by both houses. It 
must then be signed as approved by the Executive; but 
if he objects to it, he must within ten days return it, 
with his objections in writing, to the house in which it 
originated. This is called the Executive "Veto" (a 
Latin word, meaning " I forbid"). When any bill or 
proposed law is vetoed, it is necessary that two thirds 
of both houses shall concur in again passing it, in which 
case it becomes a law without the approval of the Execu- 
tive. Thus the Senate and the lower house are each a 

*See Federal apportionment of 1871. 

77. How are Representatives in Congress apportioned among the people? 
How are members of the Lower House in a State Legislature apportioned ? 

78, Describe the mode of making laws. What is the "Veto" power? How 
is it exercised? What is its effect ? What checks are interposed in the law-mak- 
ing department? How do these checks affect the character of the legislation? 



Lesson 5"| OF CHECKS AND BALANCES. 75 ■ 

check ipon the other, while the Executive is a check upon, 
both. Whatever be the mistake due to the excitement 
under which one body may act, it is almost sure to be 
corrected by the conservatism of the other; and a wise 
Executive may veto a bad measure, though approved by 
both houses; while a wrong-headed Executive, whose 
veto is not sustained by his reasons for it, is apt to be set 
right by the sober second thought of two thirds of both 
houses. 

Thus wisdom, care and prudence are much more 
certain to characterize our legislation than if there 
were but one person, like a King or Emperor, or but 
one legislative body, as in France, having authority 
to make the laws of the Nation or States. 

THE EXECUTIVE. 

79. Neither Congress nor any State Legislature 
has any power to compel the people to obey the 
laws it may pasg. 

This duty is confided by the Constitution to the execu- 
tive. The President of the United States is the Federal 
Executive, and his duty is to see that the laws of 
Congress and the treaties between the United States and 
foreign countries are properly observed. For this pur- 
pose the President is commander of the army and navy 
of the United States, and of the militia of the several 
States when called into the actual service of the United 
States.* He has the power, by and with the ad- 
vice and consent of the Senate, to make treaties. 

* Art. II, Sec. 2, of the Federal Constitution. 



79. Can the Legislative department compel obedience to the laws it makes? 
Whose business is it to execute the laws ? What are the powers of the President 
of the United States? Can he make or change a law? Can he declare war? For 
what purpose is power given to him? Is he himself subject to the laws? 



76 POLITICAL IDEAS. -[Lesson 5 

He nominates, subject to the approval of the Senate, 
Ambassadors, Foreign Ministers, Consuls, Judges of the 
Federal Courts, Collectors of Revenue, and all other offi- 
cers of the United States, but he cannot declare war. 
Only Congress has that power. Nor can he make the 
least change in any law as passed by Congress. All the 
power that is given him is for the sole purpose of causing 
the laws to be respected and obeyed by the people. And 
those laws define his own duties with such exactness that 
he can no more wrong a private citizen than the 
citizen can iryure him, without being equally liable to 
punishment. 

80. The Governor of each State is the Executive 
thereof, and has powers within his own State analogous 
to those of the President within the United States. But 
none of his powers extend beyond the limits of his own 
State. 

81. A part of the duty of the Executive is to inform 
the Legislature, whenever it assembles, of the condition 
of all the public affairs of the nation or State respect- 
ively and to recommend such legislation as he finds 
from experience that the public good requires. He can 
also call extra sessions of the Legislature when he thinks 
it necessary. He has the power of pardoning convicts 
or commuting their sentences, which is a check upon 
any tyranny on the part of the Judiciary. 

Being responsible to the people for the good conduct 
of all the subordinate executive officers whom he ap- 



80. Who is the Executive of a State? Has a State G-overnor any power out- 
side of his State ? 

81. What is the duty of the Executive as to informing the Legislature of the 
condition of the nation or State ? Can he make recommendations to it ? Can he 
call the Legislature together when necessary? What check can he exercise upon 
the Judiciary ? What upon his subordinate officers ? 



Lesson 5] % 0F CHECKS AND BALANCES. 77 

points, he lias the pov?er of removing them at any time, 
which is a check upon their behavior while in office. 

82. The Executive duties are always divided into de- 
partments, each of which is in charge of a separate 
officer under the President or Governor, but who is 
superior to all others employed in his department. Thus 
the Federal " Cabinet" comprises seven chief secretaries 
viz: 

THE CABINET. 

A. The Secretary of State, who has charge of the 
foreign relations of the United States, instructs the 
American Ministers at foreign courts, and receives the 
communications of foreign Ambassadors at the Federal 
capital . 

B. The Secretary of the Treasury, who has the 
care of collecting all the revenues and paying out the 
same, according to the laws of Congress. The system 
of checks and balances is complete and very complicated 
throughout this department. 

C. The Secretary of War presides over all army 
affairs. 

D. The Secretary of the Navy has the care of all 
matters relating to vessels of war, navy yards, officers 
and men employed in the navy. 

E. The Secretary of the Interior attends to the 
surveys and sales of public lands, and to Indian affairs. 

F. The Postmaster General conducts all the business 
of the postoffice and the transportation of the mails. 



82. Into what departments are executive duties divided ? Describe the Fed- 
eral Cabinet ? What are the duties of the Secretary of State ? Of the Secretary of 
the Treasury? Of the Secretary of War? Of the Secretary of the Navy? Of the 
Secretary of the Interior? Of the Postmaster General? Of the Attorney Gen- 
eral ? How are the members of the Cabinet appointed to office ? How does the 
Senate check the President ? How are checks applied to all subordinate officers 
of Government? 



78 POLITICAL IDEAS. [Lesson 5 

Gr. The Attorney-General is the law adviser of the 
President and Cabinet. 

All these officers are appointed by the President, by 
and with the advice and consent of the Senate, which 
thus, and in all his other appointments, and in the 
making of treaties, exerts a powerful check on the Execu- 
tive. And each member of the Cabinet has clerks, em- 
ployees and subordinate officers and men under him, some 
of them in every part of the country — all employed in 
executing their particular portion of the laws of Congress. 
So far as it is possible for human ingenuity to accomplish it, 
checks and balances are imposed upon every one of all this 
army of officials, whereby each is accountable to some one or 
more superiors, or to some other branch of the Government. 
Thus frauds, negligence and oppression of the people 
are everywhere jealously watched, and generally 
detected, exposed and punished. 

83. The Executive of each State is assisted by officers 
named in the State Constitution and elected by the peo- 
ple, such as Secretary of State, Controller, Treasurer, 
Attorney General and Surveyor General, and their duties 
and those of their subordinates are arranged on similar 
principles to those of the Federal officers. The idea of 
checks and balances is here observed throughout, but 
of course on a smaller scale than in the business of the 
United States. 

THE JUDICIARY. 

84. The powers a#d duties of the Judges are to 

83. How is the Governor of a State assisted in his -duties? Are checks and 
balances preserved throughout the State governments? 

84. What are the powers and duties of the Judiciary? Are the Judges more 
confined by law than the Legislature and Executive? What relation do the 
Judges maintain toward the law? What is the privilege of the people as quoted 
from the Massachusetts Bill of Bights ? To whom must the people loci for pro- 
tection ? 



Lesson 5] OF CHECKS AND BALANCES. 79 

administer justice, as prescribed by law, in all mat- 
ters in dispute between man and man that may be brought 
before them; and to conduct the trial, and decree the 
punishment of all persons charged with or convicted of 
crime. They are more strictly confined by law in ail 
their acts than either of the other grand divisions of the 
Government, for they are the high priests of the 
law, its oracles, its defenders, and its expounders. 
Their learning, honesty and fearlessness are the supreme 
safeguards of the liberties of the people, whose privilege 
it is to find a certain remedy by having recourse to the 
laws for all injuries or wrongs which they may receive 
in person, property or character. "The citizen ought 
to obtain right and justice freely, and without being 
obliged to purchase it — completely, and without any 
denial — promptly and without delay — conformably to 
the laws."* It is to the Courts of Justice, of every 
name and degree, that the people must look for their 
safety and protection from every assault upon their 
rights and liberties. 

85. Besides these powers and duties, which are com- 
mon to the Judges of America and of Great Britain and 
her colonies, American Courts are entrusted with the 
grave power of deciding whether the acts passed 
by the Legislature are "constitutional;" that is, 
whether they conform to the State or Federal Constitu- 
tion, as the case may be. If the Judiciary decide against 
the constitutionality of any statute, it is no longer bind- 
ing on the people. The Courts have also the power 

*See Art. n, Bill of Eights, Constitution of Massachusetts. 



85. What peculiar power is entrusted to American Judges? What is an 
unconstitutional act ? Is such an act binding on the people ? What are the pow- 
ers of the Judges with reference to obscure or contradictory laws ? How is the 
Judiciary a check on the Legislature? 



80 POLITICAL IDEAS. [Lesson 3 

of construing all statutes and of reconciling laws, or 
parts of laws, that are apparently inconsistent with one 
another. No other country allows such high powers to its 
Judges as this; and these powers operate as a powerful 
check upon Legislatures, whose careless or tyrannical 
law-making becomes powerless for evil when tested by 
the touchstone of iudicial examination. 

APPEALS. 

86. The system of appeals provided in our laws fur- 
nishes everywhere a complete check upon the injustice 
that may occur, despite all human precaution, in the 
decision of any one court. Almost every case may be 
appealed if there be any legal or technical reason there- 
for, until two or three examinations or decisions of all 
the points in different courts shall result in the final 
rendering of a just judgment. 

87. Eemembering now the principles stated at the 
close of Lesson 4, you will bear in mind — 

A. That the American idea of government pre- 
serves the liberties of the people, not only by means 
of the division of its powers and duties, between 
the Union, the States, the counties, towns and 
school districts, but also by a distribution of its 
responsibilities among three separate but co-ordi- 
nate departments : the Legislative, Executive and 
Judicial. 

B. That "in the government of the common- 
wealth the legislative department shall never ex- 

86. What are appeals ? Why are they allowed ? What is their result ? 

87. Repeat the principles printed in large type ? 

A. By what two systems of division does the American system secure 

the distribution of the powers and duties of government ? 

B. Eepeat the quotation from the Massachusetts Constitution, about the 

Legislative, Executive and Judicial departments ? 



Lesson 5] OF CHECKS AND BALANCES. 81 

ereise the executive and judicial powers, or either 
of them ; the executive shall never exercise the 
legislative and judicial powers, or either of them ; 
the judicial shal] never exercise the legislative and 
executive powers, or either of them, to the end 
that it may be a government of laws, and not of 
men."* 

C. That human nature, if trusted with any de- 
gree of political power, will seek to abuse that 
power to the injury of the people. Therefore no 
unchecked or irresponsible power shall be given to 
any man or set of men. But a small share of 
power shall be given to each of a great number of 
officers, all of whom shall check the acts, and bal- 
ance the influence of the others. 

D. That the President is a check upon Congress, 
and controls all the subordinate officers in every 
department of the executive branch of the Govern- 
ment, -who are appointed by and responsible to 
him. 

E. The Senate is a check upon the President. ?3o 
also is the House of Representatives, which may 
impeach him before the Senate for official miscon- 
duct. 

F. The Judiciary is a check, not only on crime 
committed by citizens, but upon the Legislature, 
whose work it may decide to be unconstitutional 

*See Constitution of Massachusetts, Part I, Sec. 30. 

C. "What will men trusted with power seek to do with it ? How must we 

prevent the abuse of power ? 

D. What is the President a check upon? The Senate? The House of 

Representatives ? Do these check each other? Upon whom is the 
Judiciary a check? The Union? The State? The State govern- 
ment? The Grand Jury? The Legislature? TThat is the final con- 
dition of holding office in the United States ? 



82 POLITICAL IDEAS. [Lesson G 

G. The Union is a cheek upon the States, and the 
States upon the Union. 

H. The State government, organizing the coun- 
ties and towns, controls the county and town gov- 
ernment. 

I. The Grand Jury in each county is a cheek 
upon all public officers in that county, whom it 
may present or indict for offenses against the laws, 
as well as upon individuals who commit crime. 

J. The Legislature is a check upon the Judiciary, 
for the lower house may impeach any Judge before 
the Senate for malfeasance in office. 

And finally, no public officer is exempt from the 
•watchful scrutiny of some other public officer, or 
free from the necessity of rendering an account of 
his stewardship. Nor is it the fault of the laws if 
delinquents in office escape the penalties provided 
for offenses. 



LESSON VI. 

OF THE PRECEDENCE OF THE SEVERAL GOVERNMENTS. 

88. We have now seen that under the American sys- 
tem the objects of government are attained without risk 
to the liberties of the individual, by the division of public 
powers and duties, and by the careful arrangement of 
checks and balances. It remains to explain the order 
in which the several governments take precedence one of 
another, without which serious conflicts might be ex- 
pected to arise between them. 

TOWNS AND COUNTIES SUBORDINATE TO THE STATE. 

89. Though the several school districts, towns and 

89. What is the scope of the legislation of towns and counties? Does the 
scope of such legislation include all the law-making required by the people? 
What branches of law require uniform legislation for many towns and counties ? 
Why is it impracticable for these small districts to enact such laws ? 



Lesson 6] OF PRECEDENCE. 83 

counties elect their own officers, and to a certain limited 
extent legislate for themselves at district or town meet- 
ings, or through the County Board of Supervisors, the 
scope of such legislation embraces but a very small part 
of all the departments of law which affect each individual. 
You can readily see that, though it is a simple matter for 
these small districts to provide a schoolteacher, or to 
repair roads, or regulate fences, the protection of all the 
rights of the people requires a complete system of much 
higher law than these. There must be the civil, criminal, 
maritime, military and revenue laws, enacted by some 
power strong enough to maintain and enforce them. Such 
legislation by towns or counties, each for itself, would 
be impracticable in several aspects t 

A. It would require as complete a government in 
each small district as is now required for a State. 

B. There would be great differences between the laws 
of the several towns and counties, causing much local 
inconvenience. 

C. The small districts would not have the power to 
enforce the laws. 

D. The State Government would be superseded, 
because there would be nothing left for it to legislate 
upon or enforce. 

SO. For these reasons State forms but one com- 
monwealth, having one Supreme Executive, one 
general Legislature, and one system of Judiciary. 
The State Government enacts and executes the civil, 
criminal and other general laws throughout the State, 
though the administiation thereof is often conducted by 
the county officers. 



90- Why does each State f orm a separate commonwealth ? What branches of 
the laws are enacted and executed by the State in all the comities? Is the admin- 
istration of State laws entrusted to county officers? 



84 POLITICAL IDEAS. [Lesson 6 

91. The towns and counties are formed by the 
Constitution or State legislation, which prescribes 
the boundaries, offices and jurisdiction of each. 

Any change in these particulars of county or town 
organization can only be made by the Legislature of the 
State, though such measures are also frequently sub- 
mitted to the vote of the citizens affected thereby. The 
town and county governments are therefore subor- 
dinate to that of the State. 

THE STATES SUBORDINATE TO THE UNION. 

92. Though the Federal Constitution carefully enumer- 
ates the several powers entrusted to the General Govern- 
ment, and forbids to the States the exercise of such as 
would conflict with them, leaving them otherwise free to 
enact such domestic laws as they please, yet it often 
happens that there is a collision between the laws of the 
two Governments. In order to prevent the consequences 
of such disagreement, which in Europe would generally 
lead to civil war, the Federal Constitution provides that 
"This Constitution and the laws of the United States 
which shall be made in pursuance thereof, and all treaties 
made, or which shall be made, under the authority of the 
United States, shall be the supreme law of the land -, 
and the Judges in every State shall be bound thereby, 
anything in the Constitution or laws of any State to 
the contrary notwithstanding.* 

93. You see now that confusion is avoided, and per- 

*Constitution of U. S., Art. VI, Sec. 2. 

91. What authority constitutes the counties and towns? What government 
takes precedence of theni? 

92. What is the provision in the Federal Constitution for preventing collisions 
between the several States and the Union ? Which of these Governments takes 
precedence of the other ? 

93. State the order of precedence from the Union down ? 



Lesson 6 OF PHECEDENCE. 85 

feet system secured, by the constitutional order of pre- 
cedence among the several Governments. 

First in authority is the Constitution of the 
United States. 

Second — Acts of Congress and treaties made by 
the President and Senate with foreign Governments. 

Third — The Constitutions of the several States 
each in its own State only. 

Fourth — Acts of the several Legislatures. 

Fifth — Ordinances adopted by County Supervi- 
sors, or by municipal or town governments. 

94. No ordinance passed by a town, city or county 
government will be binding if it conflicts with a law of 
the State Legislature or of a State Constitution, or with 
a law of Congress, or with foreign treaty, or above all, 
with the Federal Constitution. 

No Act of a State Legislature will be valid if it con- 
flicts with its State Constitution, with a law of Congress, 
with a foreign treaty, or with the Federal Constitution. 

No Act of the Federal Congress will be valid if it con- 
flicts with the Federal Constitution. 

ORDER IS HEAVEN'S FIRST LAW 

95. Thus, as their several moons revolve about the 
planets, and the planets around the sun, so the towns 
and counties are kept in their places by the States, and 
these in turn by the central Government at Washington. 
By the division and subdivision of territory, by the dis- 
tribution of powers and responsibilities among numer- 
ous officers, and by the precedence of the several 
Governments, the whole American system is fitted 
together in such a manner as to accomplish all the ob- 

94. State the limitations to the powers of each government from the town up? 



SG POLITICAL IDEAS. [Lesson 6 

jects of government without any danger to the liberties 
of the people. It is the greatest monument of State- 
craft ever erected by human wisdom. As in navigation, 
men first invented the raft, then the canoe, the galley, 
the sailing vessel, and lastly the steamer, so their ideas 
of government progressed slowly and gradually from the 
military despotism of the savage, up to American Re- 
publicanism. When men have so far relapsed into bar- 
barism as to prefer the raft or the canoe to the swift and 
luxurious, though complicated steamer, then only will it 
be consistent for them to abandon the highest form of 
political civilization for the old fashioned and imperfect 
makeshifts of monarchical misrule. May the day never 
dawn when chaos shall displace the elaborate and pol- 
ished order on which depend the peace and progress of 
our happy people. 

Notes. — Mr. Webster said : ' ' Tlie first object of a free people is the 
preservation of their liberty, and liberty is only to be preserved by 
maintaining constitutional restraints and just divisions of political 
power. Nothing is more deceptive or more dangerous than the pretence 
of a desire to simplify government. The simplest governments are 
despotisms; the next simplest, limited monarchies; but all repub- 
lics, all governments of law must impose numerous limitations and 
qualifications of authority. In other words, they must be subject to 
rule and regulation. This is the very essence of free political insti- 
tutions * * * A separation of departments, so far as practicable, 
and the preservation of clear lines of division between them, is the 
f andamental idea in the creation of all our constitutions ; and doubt- 
less the continuance of regulated liberty depends on maintaining 
these boundaries." 

Works of Daniel Webster, Vol. IV, p. 122. . 



Lesson 7] OF REPRESENTATION. .87 

LESSON VII. 

OF REPRESENTATION. 

96. The word "Sovereign" means " supreme in 
power; superior to all others; highest in power; chief; 
independent of, and unlimited by any other; possessing 
or entitled to original authority or jurisdiction/'* 

The word " Sovereignty " signifies a right to exer- 
cise supreme power."* 

Now in any form of government in which the people, 
being subjects, are not consulted by their king, or other 
rulers, the sovereignty resides in the Government. 

In Great Britain the Parliament is the sovereign 
power. f In Russia, the Czar. In Germany, the Em- 
peror. 

But in the American system the people are sov- 
ereign. J Their government is ' ' by and for the people. " 
We have seen that its distribution of powers and duties, 
and its ever present checks and balances among many 
constitutions, public officers and districts, prevents 
either the Federal, the State, or subordinate Govern- 
ments from enjoying such supremacy as would accord 
with the definition of sovereignty. The people there- 
fore being sovereign, their various political institu- 
tions are but the creatures of their -will, or machines 
designed for the benefit of these who use them. 

97. What is an Agent ? 

* Webster. t Blackstone, 51. 

t Cal. Political Code, Sec. 30. 

96. Define the words "Sovereign" and "Sovereignty?" Where does sover- 
eignty reside in monarchical governments ? What is the sovereign power in Eng- 
land? "Who is Sovereign in Russia? In Germany? In the United States? "Why 
cannot sovereignty he said to reside in any of the American Governments? 
The people being sovereign, what then are the governments? 

97- What is an Agent? What is a Representative? Name some kinds of 
agency such as you are familiar with ? 



88 POLITICAL IDEAS. [Lesson 7 

" One who is entrusted with the business of another — 
a substitute, a deputy."* 

What is a Representative ? 

''One who represents or stands in the place of an- 
other — an agent, deputy or substitute."* 

Thus, a lawyer is the agent or representative of his 
clients for transacting their business before the courts. 
A commission merchant is an agent or representative of 
distant parties for buying and selling goods. A book- 
keeper is the agent of his employer for keeping his 
accounts. 

98. What is the maxim of the law on the subject of 
Agency ? 

" He who acts through another, acts himself, "f 

99. What saying of Jesus Christ was quoted in Lesson I 
on the subject of Equality? 

"He that is greatest among you shall be your ser- 
vant." 

100. What then is representation in the American system f 
It is the sending by the people, who are sovereign, 

of one man elected as the servant or agent of a great 
number, to vote and act in their place and stead, in 
some special and limited capacity, in the city, town, 
county, State, or Federal Government* 

101. When Representatives have been elected, are they the 
masters of the people, because for the term of their office 
they are rulers? 

On the contrary, they are the servants of those who 
send them. And this service is the greater in proportion 

* Webster. t Qui facit per alium facit per se. 

98. What is the maxim of the law on the subject of Agency? 

99. What said Jesus Christ on the subject of personal ambition? 

100. What is Representation in the American system? 

101. Are the officers chosen to represent the people, the masters or servants 
of the people ? 



Lesson 7] OF REPRESENTATION. 89 

to the number of citizens whose votes elect the officer. 
Thus, the Major of a city is the servant only of all the 
people of the city. But the President of the United 
States is the servant of the whole country. 

102. lo whom are all public officers in the United States 
directly or indirectly responsible? 

To the people — directly, when they are elected, in- 
directly, when they are appointed. 

All members of the legislative branch are elected, 
except when the Executive is empowered by the Consti- 
tution to fill a vacancy. Their responsibility to the 
people is direct. 

The Judiciary are also generally elected, though 
under the Federal Constitution, and in some of the States, 
the Judges are appointed by the Executive and con- 
firmed by the Senate. Their responsibility is direct 
when elected, indirect, if appointed. 

The Chief Executive is always elected. So also 
are the executive county officers, and in some of the 
States, the principal subordinate executive State officers. 
But generally, all the minor officers who are under 
the orders of the Executive, hold their offices by his 
appointment. This is especially the case in the reve- 
nue service, the army and navy ? and in the State civil 
service. The Chief Executive is directly responsible to 
the people, but the political responsibility to them of all 
his subordinates is indirect. 

103. What is meant by representation of representation ? 
There is an instrument known among lawyers and 

business men by the name of " power of attorney.'' 
It is a paper whereby one person gives to another the 

102. To whom are all public officers accountable? How? Who are directly 
responsible to the people ? Who indirectly ? 

103. Explain what is meant by representation of representation. 



90 POLITICAL IDEAS. [Lesson 7 

power or authority to do certain things in his name, and 
therein to bind him as if he had done them himself — say, 
to sell land or to receive or pay money. But as the per- 
son holding the power of attorney may be sometimes 
sick or absent, or unable to do all the work without 
assistance, the document usually contains the words 
"with power of substitution or revocation/' which 
means that the agent has the power to employ a third 
person to do the business entrusted to him, at his dis- 
cretion and at his risk. 

Now the power given to certain (not to all) public offi- 
cers by election, is similar to that in the "power of 
attorney." And when a third party is employed by an 
agent, such third party is a representative of a repre- 
sentative, or an agent of an agent. 

104. Does the principle of representation of representa- 
tion extend throughout the American system ? 

It does. Thus all the people do not vote at elections, 
but this right is confined to men who are above twenty- 
one years of age. Women and children do not vote, 
because they are nearly always dependent on a man for 
support and protection. As the family is a natural 
institution, existing before all forms of government, 
and found everywhere, among savage as well as 
civilized people, the framers of our Constitution 
accepted it as they found it, and never thought of 
interfering -with it by making its members politi- 
cally independent of each other. So, as by nature 
the labor and responsibility of supporting and educating 
the family devolve upon the man, the burdens of citizen- 
ship were by law added to his cares; and the head of 
the family was assumed to vote as the natural represen- 
tative of his wife and children. 

104. Does this principle extend throughout the American system? Give 
some instances of it 



Lesson 7] OF BEPRESENTATION. 91 

The members of all legislative bodies, the Chief Ex- 
ecutive and Judicial officers are elected by the votes of 
man, who cast their "ballots partly as representa- 
tives of their families. All elected officers are there- 
fore representatives of representatives, so far as the 
families of voters are concerned. 

.But the State Legislatures elect United States Sena- 
tors. Hence, the Senator so chosen is a representa- 
tive of the Legislature, whose members represent 
the citizens, who represent their families. 

Again, the President and Senate appoint all the prin- 
cipal collectors of revenue throughout the country. 
These collectors appoint their own clerks and inspec- 
tors. Here the same principle is applied to the 
fourth and even fifth degree. But the clerks and in- 
spectors are responsible to the collectors who appoint 
them. The collectors are responsible to the President, 
and the President to the people. Besides this political 
responsibility which regulates the tenure by which sub- 
ordinate officers hold their places, they are held to direct 
legal accountability to the people through the courts, 
if guilty of embezzlement, fraud, or other crime or mis- 
demeanor while in office. 

105. — Why are not all Government officers elected by the 
people ? 

Because responsibility to the people only, being but a 
political and moral, and not a direct, pecuniary responsi- 
bility, is too remote to be of itself a sufficient safeguard 
against malfeasance in office. Because the system of 
checks and balances requires discipline in the Executive 
Department, which could not exist if each officer were' 
independent of all others and accountable only to the 

105 ■ Why are not all public officers elected by the people? 



92 POLITICAL IDEAS. [Lesson 7 

people. It is necessary for the dispatch of public busi- 
ness that the chief officer should have power to select his 
own assistants, and to discharge them at once in case of 
insubordination or dishonesty. Otherwise, he could not 
himself be held justly responsible for his own adminis- 
tration. 

Furthermore, if the attention of voters at elections 
were distracted by a multiplicity of candidates, while 
their choice were limited by party nominations, bad men 
would be more likely to be chosen to office than when 
subordinate positions are filled by an Executive who can 
be held responsible by the people for his selections. 

106. — Are all public officers in the United States paid for 
their services? 

The principle herein is, that tc every free man, to pre- 
serve his independence, if without a sufficient estate, 
ought to have some trade or calling whereby he may 
honestly subsist";* that as all offices cannot be filled with 
rich men, which would at once create an aristocracy, the 
State has no right to compel the individual to sacrifice 
his time and talents to the public good without a com- 
pensation at least equal to what he could earn in private 
life. Hence, all those offices requiring any consid- 
erable portion of time and skill are accompanied by 
a proportionate salary or fees. 

There is great care taken, however, that the emolu- 
ments of office shall not be excessive. 

There is also a class of offices requiring but small ex- 
penditure of time, which are deemed sufficiently paid by 
the honor they confer upon the office-holder. 

Thus the positions of County Supervisors, City Alder- 

*Constitution of Vermont, Chap. 11, Sec. 25. 

106- What is the principle on the subject of paying salaries to public officials? 
Are any public offices merely honorary ? Name some of them ? 



Lesson 7] OF REPRESENTATION. 83 

men, Town Selectmen, and members of the Boards of 
Education, are generally offices of honor. 

107. Wliy are all terms of office short in the United 
States ? 

A. Because men elected or appointed for a long time 
or for life, no matter how honest they may be at the 
beginning, would by and by be tempted to tyrannize 
over the people, and probably try in some unlawful 
manner to retain or increase their power. 

B. Because, in the event of a bad man's election or 
appointment, he can do but little harm during a year or 
two, while if he were not removable for many years, he 
might rob or oppress the people, perhaps even to the 
point of provoking revolution. 

C. Because frequent elections keep the people watch- 
ful of public men and measures. Society, like water 
and air, requires frequent agitation to keep it pure. If 
elections occurred too far apart, designing men would 
have too much time in which to plot their own advance- 
ment at the public expense. 

D. Because newly elected men will more faithfully 
carry out the people's wishes than those who have held 
office long enough to forget their accountability to the 
people. " The new broom sweeps clean." 

108. What says the Declaration of Rights of Massachu- 
setts on this subject ? 

"In order to prevent those who are vested with au- 
thority from becoming oppressors, the people have a 
right, at such periods and in such manner as they shall 
establish by the frame of government, to cause their 



107. Why are all terms of office short in the United States? State all the 
four reasons given in the text ? 

108. What says the Constitution of Massachusetts on this subject? What 
says that of Maryland ? 



91 POLITICAL IDEAS. [Lesson 7 

officers to return to private life, and to fill up vacant 
places by certain and regular elections and appoint- 
ments/'* 

What says the Constitution of Maryland ? 

"That a long continuance in the executive depart- 
ments of power or trust is dangerous to liberty; a rota- 
tion therefore in those departments is one of the best 
securities of permanent freedom. "f 

109. What is the attitude of public officers in the United 
States toward the People ? 

They are in every sense the servants of the 
public, that is of the whole public, regardless of the 
party or friends who elected or appointed them. 
The whole people have enacted the Constitution which 
has created the offices, and pay the taxes or fees which 
furnish the compensation for work done for the whole, 
not for a portion of the people. Consequently the 
officers must work for the public, not for them- 
selves or their private friends. No officer can law- 
fully hold his office for any longer time than that for 
which he was elected or appointed. But if he be ambi- 
tious to serve the public well, they can, and generally 
will reelect him, or promote him to a higher offire. Good 
service to the public is the only avenue to the grati- 
fication of honest ambition in our country. Dis- 
honest ambition can never be indulged without cor- 
rupting or destroying the system of government, for 
such ambition is the arch enemy of human liberty. 

110. All public officers of every name and degree are pub- 

*Part I, Sec. 8. tMaryland Declaration of Eights, Sec. 31. 

109. What is the attitude of public officials in the United States towards the 
people? Are they at liberty to use their offices for their own or their friend's 
benefit, at the expense of the public good ? What is the only avenue to the gratifica- 
tion of honest ambition ? What is the consequence of dishonest ambition ? Why ? 

110. Are public officials all sworn to do their duty? What is the nature of this 
oath? What crime is committed by tailing a false oath, or violating an oath ? 



Lesson 7] OF REPRESENTATION. 95 

licly sworn td do thfeir duty according to the Constitution 
and laws. What is the nature of this oath? 

It is solemnly calling God to witness that the person 
taking it is sincere and honest in his intention to perform 
his whole duty in accordance with the requirements of 
the authorities creating his office. Whoever violates an 
oath is guilty of moral perjury. 

111. What offenses does that office-holder commit who uses 
his jiosition to steal the public money; who sells or trades his 
vote as a legislator; or icho wilfully in any manner sacrifices 
the good of the people to his own or his friends' private 
advantage? 

Several offenses are involved in every such action. 1st. 
Moral perjury in all cases, for he violates his oath of office. 
2d. Breach of trust. 3d. Larceny or theft. 4th. Trea- 
son to the Constitution. 5th. Injury to the rights and 
liberties of the people. And there may be a repetition 
of these crimes in the same" act, or there may be other 
offenses committed, according to the nature of the mal- 
feasance. 

Remember this, that no man can "betray his trust 
as a public officer in the United States, -without 
being of a nature so contemptible as to be a fit as- 
sociate only for thieves and the outcasts of society. 
Whatever there is of honesty, manliness, patriot- 
ism, conscience and honor in the human character 
cries out aloud for strict fidelity in trusts of this 
nature. No man can be capable of betraying them 
without first parting -with every virtue that makes 
him worthy the name of an American citizen ! 



111. TVhat offenses does the office-holder commit who uses his position to steal 
the people's money, -who sells or trades his vote as legislator, or benefits him- 
self or friends at the public expense ? What is the character in the man who is 
capable of violating his trust as a public officer in the United States? 



96 POLITICAL IDEAS, [Lesson 8 

Notes. — (a) The Constitution of Vermont declares "that all power 
being originally inherent in and consequently derived from the 
people, all officers of Government, whether legislative or executive, 
are their trustees and servants, and at all times in a legal way 
accountable to them." — Chapter 1, sec. 6. 

The Declaration of Eights in the Massachusetts Constitution uses 
the same language, but using the words "substitutes and agents, 1 ' 
instead of "trustees and servants." — Part 1, sec. 5. 

(b) The Constitution of Vermont provides that "whenever an 
office, through increase of fees or otherwise, becomes so profitable 
as to occasion many to apply for it, the profits ought to be lessened by 
the Legislature. And if any officer shall wittingly and wilfully take 
greater fees than the law allows him, it shall ever after disqualify 
him from holding any office in this State, until he shall be restored 
by act of legislation."— Chapter 2, sec. 25. 



LESSON VIII. 

OF FREE OPINION AND PUBLIC OPINION. 

112. In Lesson I, Sees. 28 and 32, you learned that " the 
principal object of the American form of Government is to 
secure the political liberty of every human being" and that 
"political liberty is the freedom to every individual to do as 
he pleases, so long as he does no evil to any one else" 

The numerous declarations and prohibitions in the 
Bills of Sights of the several States seem useless to 
native-born Americans of this generation, accustomed as 
they are to live in the secure enjoyment of their liberty 
under the protec&on of a Government framed on the 
principle above quoted. Never having felt the weight 
of the old tyranny out of which our fathers so slowly 
and painfully educed the Code of American Ideas, and 
not being much inclined to study the history of the 

112. State the two principles quoted from Lesson I? 



Lesson 8] FREE OPINION AND PUBLIC OPINION 9? 

past, the masses of our people are apt to forget the 
suffering entailed upon our progenitors by a muzzled 
press, prohibition of free thought, of free speech, 
of free association and communication. We ignore 
the tyranny of a State Church, of religious perse- 
cution, of orders of nobility, of taxation without repre- 
sentation, of military rule, of legal monopolies, of 
inquisitorial trials, of forced loans, of popular ignorance, 
and of the rights of conquest. There is but little in the 
circumstances of this generation to remind us that these 
things ever existed; and by this very ignorance we are 
liable to the gradual revival, at the hands of ambition and 
intrigue, of all the evils from which the wisdom of our an- 
cestors has thus far protected us. To explain the mean- 
ing of the principal ideas contained in American consti- 
tutions and laws, and thus forewarn the coming citizen 
of the dangers to which political liberty is always exposed, 
is the chief design of this work. 

113. Can any one be free who is not allowed to think as he 
pleases ? 

Clearly not. " As a man thinketh so is he." Man 
was created in the image of God. He is endowed with 
mind and soul. He has reason, understanding, memory, 
imagination, invention, and other faculties which are 
immortal. By the use of these talents he must make a 
Living for himself and those dependent on him in this 
world, and according to their development he expects 
his future existence to be happy or miserable. 

114. But some men are better thinkers than others, or have 
had more time and opportunities to learn. Why would it 

$ 113. Can any one be free who is not allowed to think as he pleases ? Why not? 

114. Why ought not the best thinkers be allowed to compel others to believe 

them ? Have men a right to interfere between any man's thoughts and himself 

or his Maker ? Can the attempt to regulate opinion by force succeed ? What 

does it result in ? 

9 



98 POLITICAL IDEAS. [Lesson s 

yiot be better therefore, that such minds should do all the 
thinking, and the rest be compelled to believe them ? 

Because each man is responsible for his own 
thoughts only to himself and his Maker. The power 
to think exists in every healthy mind; and when God has 
given this power, and made the happiness of every man 
and his dependents contingent upon the use he makes of 
it, is not for any other man to deny him the right to exer- 
cise it.* Indeed, the attempt to make men think 
alike by force, while it is the vilest kind of tyranny, 
can never succeed. It only makes them hypocriti- 
cal and deceitful, and a nation of hypocrites can 
never be free. 

315. But in a society where every man does his own 
thinking, must there not be great differences of opinion, lead- 
ing to error, to sectarianism, to party feeling , and -thus endan- 
gering the public peace ? 

The law of Nature, which America has made the law 
of the land, provides a remedy for all such differences, 
without the necessity of any interference by force. This 
is the equal right all possess of enjoying individual 
opinion. Cromwell said: "Approbation (i. e., approving 
what one hears) is an act of conveniency, not of necessity. 
Does a man speak foolishly ? Suffer him gladly, for ye 
are wise. Does he speak erroneously? Stop such a 
man's mouth with sound words that cannot be gainsaid. 
Does he speak truly? Rejoice in the truth. "f 

116. Every man has the right to disprove what he 

* " Prove all things, hold fast to that which is good."— I Thess., v: 21. 
1 1 Thurloe, 161. 

115. Must not freedom of opinion lead to confusion and discord in society ? 
Why not? 

116. Have men the right to disprove one another's errors? What decides 
between them ? Quote the proverbs about Truth ? Can any one's opinions in- 
jure another in such a way that society is justified in interfering ? In what case 
only can the State interfere ? 



Lesson 8] FREE OPINION AND PUBLIC OPINION. 99 

thinks is another's error, and the universal reason or 
common sense in the hearers of both parties will gen- 
erally decide which of the two is right. ' ' Truth is 
mighty and -will prevail." " Truth, crushed to earth, 
will rise again." Contests of thought are mental com- 
bats. No man's mere opinions can injure any one who 
is not forced to receive them. The State has no right to 
punish what does no injury to another. But if the 
holding of an opinion leads its votaries to break or 
oppose by violence the laws of the land, then the 
power of the State will be used, not to crush the 
opinion, but to put down the violence that has re- 
sulted from it. 

117. We have already seen that the American Government 
is a system of institutions created by the people and for the 
people, and that the men who administer the Government, as 
well as the laws they make and execute, must be such as the 
people choose. Now, could the people have any choice in 
such matters unless each individual had the right to think, 
speak and act as he pleased ? 

Certainly not. These rights must be universal and 
inalienable,, or tyranny would at once result. If one 
part of society had the power forcibly to compel the 
silence of the remainder on any subject, the liberties of 
that remainder would be at the mercy of the others. 
De Tocqueville says: " Society can only exist when a 
great number of men consider a great number of things 
in the same point of view — when they hold the same 
opinions upon many subjects, and when the same oc- 
currences suggest the same thoughts and impressions 



117- Could American institutions exist without freedom to think, speak and 
act on the part of every person ? What would result if some could enforce silence 
upon others ? Can people think as a society without the freedom to think as in- 
dividuals ? 



100 . POLITICAL IDEAS. [Lesson 8 

on their minds."* Now a people cannot think as a 
society, unless they have the power and liberty to 
think as individuals. 

118. What is Public Opinion ? 

"Public opinion is nothing else than the result of 
individual opinions modified by one another."f It is 
distinguished from private opinion by being the opinion 
of the majority. 

119. What is to be understood by the political proverb, 
" The voice of the people is the voice of God?" (Vox populi, 
vox Dei) ? 

It means that as the God-like attribute of reason 
is inherent in each individual, so the united reason- 
ing of many individuals on the same subject, after 
such discussion as shall have neutralized one anoth- 
er's passions and prejudices, must be nearer right 
than any other human authority. 

120. Is the authority of public opinion generally respected 
outside of the United States ? 

It is not. Even in England, it was never recognized 
at all until the revolution which dethroned Charles I in 
1648, J since when, its progress has been so slow and 
gradual, that in the 19th century its most persistent ef- 
forts among the people and in the House of Commons, 
are continually defeated, or at least checked, by her 
time-honored aristocracy in the House of Lords. And 

* Democracy in America, p. 424. 1 1 Lieber's Pol. Ethics, p. 257. 

£3d Bancroft, 10. 



118. What is Public Opinion? 

119. What is meant by the proverb, " The voice of the people is the voice of 
God ?" 

120. Is the authority of public opinion generally accepted outside of the 
United States? How is it in England? How on the continent? What' do the 
adherents of Divine Right think of it? What do they predict for the United 
States ? What does our history prove in opposition to them ? 



Lesson 8] FREE OPINION AND PUBLIC OPINION 101 

though on the Continent the people have so far been in- 
spired by the example of the United States as to claim 
constantly more and more of their natural rights, the 
day seems still distant when public opinion will be re- 
cognized as the only foundation of the Government. 
This idea has still much to contend with in the teachings 
of the doctrine of " divine right/' whose devotees deride 
the notion that wisdom can reside in the breasts of the 
common people. These claim that the truth is to 
be learned only from the authority of the past, and 
that the men of the present have only to obey, with- 
out daring to examine for themselves whether the 
dogmatic utterance that commands them be enti- 
tled to their respect. Such teachers deny that under 
a te mob government," as they call ours, their can be 
anything permanent, safe, true or honest. "War-worn 
for generations as they are themselves, they are contin- 
ually predicting for us rebellion, discord, civil commo- 
tion and anarchy. That these prophets of evil have been 
steadily disappointed (with but one exception) during 
nearly a century of domestic peace; a century witness- 
ing in the United States the most wonderful growth ever 
attained by any nation in a similar period, is practical 
proof that our institutions are based upon everlasting 
truth. 

121. You stated tliat "Public Opinion is nothing else 
than the result of individual opinions modified by one 
another" Now what freedom other than that of individual 
thought is necessary that men may exchange their ideas, so 
that their modification by one another may form public opin- 
ion on any subject ? 

121. What freedoms are necessary to the formation of public opinion? What 
is freedom of Speech ? Of the Press? Of Assembly? Of Communication? Of 
Association ? 



102 POLITICAL IDEAS. [Lesson 3 

A. Freedom of Speech, which is the free right of 
saying what one pleases, both in private and in public, 
so long as he does not injure another by slandering him, 
or indulge in vulgar or obscene language. 

B. Freedom of the Press, which is the free right to 
print and publish in any manner whatever one chooses, 
though it be against the Government: subject to penal- 
ties for libeling individuals or corrupting the public 
morals, 

C. Freedom of Assembly, which is the free right 
to hold meetings for any and all objects, so long as such 
meetings are not held for riotous purposes, or intended 
to break the public peace. 

D. Freedom of Communication, which is the free 
right to travel at one's own pleasure, and to send letters 
and publications through the public mails o r otherwise,, 
without any risk of having the correspondence opened, 
read or appropriated by any other than the person to 
whom it is addressed. 

E. Freedom of Association, which is the free right 
of choosing one's own associates, and of forming so- 
cieties, clubs, parties or corporations for any purpose 
not inconsistent with the laws, or designed to interfere 
with the rights of others. 

122. Upon what basis rest all American Constitutions, 
laws and institutions, whether political or social f 
Upon Public Opinion. 

Notes. — " There is a force which cannot be enclosed bylaws, 
which, when need be, can dispense with institutions (as in the case 
of Lynch Law and Vigilance Committees, H.) — it is the force of 
ideas, of the public mind and opinion." — GuizoVs Hist, of Civ. in 
Europe, VI. 107. 

122. Upon what basis do all American Institutions rest? 



Lesson 9] FREE SPEECH. FREE PRESS, ETC. 103 

" I know one, "said Talleyrand, " who is wiser than Voltaire, and 
has more understanding than Napoleon himself, and all ministers 
whoever were, are and will be, and this one is * Public Opinion.' " — 1 
Lieber Pol. Ethics, 257. 

" The Anglo-Americans acknowledge the absolute moral authority 
of the reason of the community, as they acknowledge the political 
authority of the mass of the citizens : and they hold that public 
opinion is the surest arbiter of what is lawful or forbidden, true or 
false. The majority of these believe that a man will be led to do 
what is just and good by following his own interests rightly under- 
stood. They hold that every man is born in possession of the right 
of self-government, and that no one has the right of constraining 
his fellow-creature to be happy. They have all a lively faith in the 
perfectability of man; they are of opinion that the diffusion of 
knowledge must necessarily be advantageous, and the consequences 
of ignorance fatal. And they all consider society as a body in a 
state of improvement; humanity as a changing scene in which 
nothing is or ought to be permanent; and they admit that what ap- 
pears to them to be good to-day, may be superseded by something 
better to-morrow." — Be Tocqueville, 425. 

This description of American peculiarities would not have been 
written by the observant Frenchman, had not his book been ad- 
dressed to his own countrymen, whose ideas on this subject he 
implies to be in perfect contrast with ours. 



LESSON IX. 

OF FREE SPEECH, FREE PRESS AND FREE ASSEMBLY. 

123. The first amendment to the Federal Constitution 
reads: " Congress shall make no law abridging the 
freedom of speech or of the press, or tLe right of 
the people peaceably to assemble and to petition 
the Government for a redress of grievances." 

123. Repeat the quotation from the Federal Constitution on the subject of 
Free Speech, Free Press, and Free Assembly ? What says the Constitution of New 
York on this topic ? Wharf; says the other State Constitutions ? 



3 04 POLITICAL IDEAS. [Lesson 9 

The Constitution of New York says: " Every citizen 
may freely speak, write and publish his sentiments on 
all subjects, being responsible for the abuse of that 
right, and no law shall be passed to restrain or abridge 
the liberty of speech or of the press. * 

The Constitutions of all the other States contain 
clauses expressing the same idea in nearly the same 
words. 

124. Wliy are the principles of free speech, free press 
and free assembly, so universally and clearly slated ? 

A. Because under a Government existing only by- 
virtue of public opinion, it is necessary that the 
people should freely communicate -with one another 
in order to agree on the men to be elected, and the 
measures to be adopted for the common good. 
Through free speech addressed to a free assembly, one 
man may talk to thousands. Through a free press cir- 
culated by free communication, he may influence tens 
and hundreds of thousands. "Without either, the thoughts 
of each man, like prisoners each in his own cell, could 
hold only whispered converse with one another. 

B. Because it is necessary that all the doings, 
and especially the misconduct of the public ser- 
vants should be constantly reported to their em- 
ployers — the people. It is through the press that we 
receive the accounts of their stewardship. If the press 
were not free, the public liberties might be attacked 
without the people knowing it until too late. 

C. Because the individual intelligence necessary 
to form sound public opinion requires the universal 
reading of -what has been said or done or discov- 

* Art. I, Sec. 8. 



124. Why are these principles so universally and clearly stated? State the 
substance of the reasons given, using your own language ? 



Lesson 9] FREE SPEECH, FREE PRESS, ETC. 105 

ered in the world. This cannot be unless the press be 
free. 

D. Because tyrants, like the owl or tne mole, 
operate only in the dark. ' ' Men love darkness rather 
than light, because their deeds are evil."* The light of 
free publicity drives before it the machinations of all 
public enemies. Acts of tyranny, being made known to 
all the people, would speedily cease their assaults upon 
individual liberty. 

125. In what countries besides the United States are these 
three rights guaranteed to the people ? 

Only in England and her colonies. In all countries 
ruled by absolute monarchs, neither of them is allowed. 
Especially are newspapers in such countries placed 
under the supervision of the police. Absolute or des- 
potic Governments are always in danger from active and 
intelligent minds among their subjects, who if allowed, 
would labor to bring others to their way of thinking; 
thus forming conspiracies and causing revolutions, 
which would tend to overthrow the Government. Hence 
the publication of newspapers in those countries is per- 
mitted, only on condition that nothing shall be printed 
therein which may displease the Government. If this 
condition be broken, the editor is fined or imprisoned; 
and as a final punishment, his paper is stopped by the 
police. 

No book is allowed to be printed in such countries 
unless it be previously approved by Government censors, 
who refuse permission to print if it contains anything 

*Joliniii: 19. 



125. In what countries are these rights guaranteed? How is it in Continental 
Europe? Under what conditions are newspapers printed there? How are books 
printed there ? Are all books, papers, and periodicals allowed free circulation 
there ? 



106 POLITICAL IDEAS. [Lesson 9 

obnoxious to the ideas of the Court. Books and periodi- 
cals published in free countries are often refused admis- 
sion into certain European States. Napoleon III of 
France was very jealous on this subject. 

126. What is the office and influence of the newspaper in 
the United States ? 

The American newspaper is as indispensable to 
our institutions as air is to the lungs, or the sun to 
the organ of sight. It gathers from all quarters of the 
world the materials for cotemporary history. Under the 
name of " news/' it photographs all passing events, and 
holds them up before the eye of the nation as if painted 
in an ever-moving panorama. Controlled by the most 
active minds among the people, it informs them of war 
and peace, of the dealings of Governments, of the move- 
ments of commerce, the triumphs of invention, and of 
progress in the arts and sciences. In polities it is al- 
most omnipotent. Taking in hand the candidate for 
office at the moment he enters public life, it scans his 
every act and divines his most secret motives. It exalts 
him at will into a hero or degrades him into a felon. It 
reports his speeches, records his votes, commends or 
criticises his course to his constituents. It catches the 
fleeting rays of public sentiment, refracts them in its 
powerful lens, and then like a revolving light it reflects 
them back again intensified a thousand fold, over the 
whole space within its horizon. As the established or- 
gan of public opinion, it has almost supplanted the plat- 
form and the pulpit. Sometimes erroneous, sometimes 



126. What is the character and influence of the newspaper press in the United 
States? What is included under the term " news "? What power has the news- 
paper in politics? How does it reflect public opinion? How are its faults 
counteracted ? To what is the newspaper compared in the text ? What would 
result in the United States if newspapers were suppressed ? 



Lls on 9] FREE SPEECH, FREE PRESS, ETC, 107 

bitter and spiteful, it would attempt mischief in some 
quarters if not counteracted by truth from another di- 
rection. Even when recklessly partisan, the faults of 
each side, neutralized by the other's efforts, fall harmless 
on the public mind. The newspaper press in America 
is the nervous system of the body politic. But the 
nerves can give no sensation, nor quicken the limbs, 
unless they be free to act. If they be bound or injured, 
the limbs fall helpless and palsied. Unless the press 
be free, public spirit must cease, for the great means 
of '*' modifying individual opinions by each other" would 
be taken away. And thus, in the absence of public 
opinion, the commonwealth, unsuspicious and ig- 
norant of its true condition, would fall a prey to 
the intrigues of personal ambition. 

127. What passage of Scripture suggests the American 
idea of free and universal publicity. 

"There is nothing covered that shall not be revealed, 
and hid that shall not be known. "What I tell you in 
darkness, that speak ye in light. And what ye hear in 
the ear, that preach ye upon the house-tops."* 

128. 7s the right of free assembly acknowledged by Mon- 
archical Governments ? 

Under all Governments maintained by force no 
such thing as a political meeting can take place, 
except in secret, and then, if detected, it would at once 
be broken up by the soldiery, and the persons compos- 
ing it would be sent to prison. So fearful of conspiracy 
are some of the rulers under that form of government, 

*Matthew x: 26, 27. 

12/ . What text from scripture suggests the American idea of publicity? 
128- Do Kings generally recognize the rights of free assembly? What assem- 
blies are permitted under Monarchical Governments, and how are they watched 

unrl treated? 



108 POLITICAL IDEAS. [Lesson 9 

that if more that three persons are seen talking together 
in the street they are dispersed by the police.* Large 
assemblies of the people are there permitted only at 
church or at places of amusement, and then they are 
closely watched by the Government agents or spies. 

129. We have quoted the clause from the State Constitu- 
tions, allowing to every individual the freedom of speech and 
of the press, ' ' he being responsible for the abuse of that free- 
dom." In wliat does that abuse consist ? 

" Political or civil liberty (see Section 32) is the free- 
dom to every individual to do as he pleases, so long as 
he does no evil to any one else." The freedom of speech 
and of the press is limited, by our Constitutions, pre- 
cisely according to this definition. And the abuse of 
this freedom consists in speaking or writing injuriously 
about another person, whereby his or her honesty, in- 
tegrity, virtue or reputation is impeached, or his natural 
defects are published, thus exposing such person to public 
hatred, contempt or ridicule. Such language, when 
merely spoken, and resulting in a specific injury to the 
person spoken of, is called " slander." "When written 
and published it is called "libel." A person guilty of 
either may be sued for damages by the injured party; 
and libel is moreover treated as a crime or public of- 
fense, and subjects the offender to a criminal prosecu- 
tion, followed by fine and imprisonment. 

130. Is there any limitation to the freedom of the press 
other than the laws against libel ? 

Yes. Any obscene, low, and vicious publication, 

*See Washburne's History of Paraguay, 1871. 

•-■> 

129. In what does the abuse of the rights of free speech and free press con- 
sist? What is slander? Its punishment ? What is libel? Its two punishments ? 

130. Is there any other limitation to the freedom of the press than punish- 
ment for libel ? What ? 



i*sson 9] FBEE SPEECH, FBEE PRESS, ETC. 109 

whose object is to corrupt the public morals, can be 
suppressed, and its writers and! publishers punished 
like other offenders against the laws. 

131. Are there any persons privileged by law to use any 
language they please, tvithout being responsible for the abuse 
of that liberty? 

Yes. The Federal Constitution,* speaking of Senators 
and Kepresentatives in Congress, says, " for any speech 
or debate in either house, they shall not be questioned 
in any other place." 

The Massachusetts Declaration of Eights says:f " The 
freedom of deliberation, speech and debate, in either 
house of the Legislature, is so essential to the rights of 
the people, that it cannot be the foundation of any ac- 
cusation or prosecution, action or complaint in any other 
court or place whatsoever." t The same privilege is 
yielded of necessity to all members of Legislative bodies 
throughout the country. It is also accorded to lawyers 
when pleading for their clients in court. No matter 
how bitter or injurious his speech against the opposite 
party or his witnesses, the lawyer cannot be punished 
for it. For if he gains his case, it will all be presumed 
to be true, and therefore necessary in obtaining justice; 
and if he loses his case, the judgment rendered against 
his client by the court will render harmless what will 
then appear to be false. 

132. There is also greater latitude allowed to news- 
papers in their criticisms of all public characters — such 
as public officers, performers, authors, speakers and 

* Art. 1, Sec. 6. t Sec. 21. 

131. Who are privileged to say what they please without limit? Why? Quote 
from the Federal Constitution ? From the Massachusetts Declaration of Rights ? 

132. Whom may the newspapers criticise with the greatest freedom ? What is 
the limit of criticism of a public character ? What its justification ? Quote from 
the law of libel ? 

10 



110 POLITICAL IDEAS. [Lesson 

writers, than in relation to private persons, so long as 
that criticism be applied only to their relations to the 
public. The criminal law of libel provides that in all 
prosecutions for that offense, "the truth may be given 
in evidence to fche jury, and if it shall appear to the jury 
that the matter charged as libelous is true, and was 
published with good motives, and for justifiable ends, 
the party shall be acquitted." * In writing concerning 
Government officers, and of others who serve, amuse, oj 
make their living off the public, the public good often 
justifies the use of language that would be punishable as 
libelous if used concerning a private person. 

133. JVJiy is it that the freedom of speech, of the press 
and of assembly are the great means of strengthening and 
perpetuating our form of Government 9 vjhile they are so 
much feared by despotic governments? 

Because with us the people are the rulers, and 
these rights accorded to the people are exercised by 
the only source of power in the Government. Hence 
they are with us only the tools of the workman, without 
which he could not exercise his calling. But under 
monarchies, the rulers and the ruled constitute 
separate strata in society, the one above the other. 
Should the lower stratum, i. e., the people, be allowed 
the use of the means of public agitation, they would 
soon turn them into weapons for the destruction of the 
upper stratum. Hence the fear on the part of the rulers, 
of permitting any privilege which might bring the peo- 
ple to one mind in opposition to their own. With 

**See the Statutes of any State on Law of Libel. 



133- Why are free speech, free press, and free assembly the bulwarks of our 
form of Government, while they are hostile to despotism ? Explain this fully in 
your own language ? 



Lesson 9] FREE SPEECH, FREE PRESS, ETC. Ill 

Kings and Emperors, as with men in general, "self 
preservation is the first law of nature/' 

134. To what extent are the doings of public officers pub- 
lished in the United States ? 

Every word uttered and vote cast in meetings of Con- 
gress and of all other legislative bodies is taken down 
by short-hand reporters, and immediately published 
throughout the Union, or State or city interested therein. 
Eveiy act and proclamation of the Executive and heads 
of departments, every decision of every court of record, 
and the movements of the army and navy, except where 
information would thereby be given to the enemy, are 
also forthwith published. And this is not merely al- 
lowed as by courtesy on the part of public officers. It 
is frequently made obligatory upon them by law, 
and in all legislative halls, in courts of justice, and public 
offices, provision and accommodation is always made for 
the use and convenience of the press. In this manner 
only can the people know how their servants in 
the Government are doing their duty. 

135. How is all this under other Governments ? 

In England and her colonies, the reports of public 
proceedings are nearly as full as our own. But on the 
continent of Europe there is no publication allowed, 
except of so much, or rather so little, as the authorities 
see fit to communicate. Of the details of Government 
acts, and especially of the measures intended, or in pro- 
gress, the people, whose right to be consulted is not 
there recognized, know absolutely nothing. 

Notes. — " The first fair play was given to a free press in the Neth- 
erlands." — Letter's S. G. and C. L. 89 n. 

134. To what extent are the acts of public officers published in the United 
States? State fully? 

135. How is this under other forme of government? 



112 POLITICAL IDEAS. [Lesson 9 

" On September 20th, 1647, it was decreed by the republican gov- 
ernment of England (under Cromwell) that no book henceforth be 
printed without previously being read and permitted by the public 
censor, all privileges to the contrary notwithstanding. House 
searches for prohibited books and presses should be made, and the 
postofnce should dispatch innocent books only. All places where 
printing presses might exist should be indicated by authority. 
Printers, publishers and authors were obliged to give caution money 
for their names. No one was permitted to harbor a printer without 
permission. Book itinerants and ballad singers were whipped and 
imprisoned. " Letter's S. G. and C. L. 94. 

This law drew forth from the celebrated John Milton his " Speech 
for the liberty of unlicensed printing, " one of the most cogent ar- 
guments in opposition to tyranny ever written. See 31ilton's Prose 
Works. 

" The liberty of unlicensed printing was first and finally granted 
in England about 1G88." — 3d Bancroft, 11. 

"In 1692 the colonial press, in spite of royal instructions, was 
generally as free in America as in any part of the world." — 3d Ban- 
croft, 102. 

Jouknalism in Ameeica. — On the 1st of January, 1835, there were 
1,258 daily, semi-weekly, and weekly newspapers issued; with these 
commenced the independence of the press. With all the struggles, 
failures and successes of the press, this was a great result. In 1870 
there were j)ublished in the United States 542 daily and 4,425 weekly 
newspapers. The number of copies of the daily papers printed in 
that year reached, in round numbers, 800,000,000. The issue of the 
weekly publications amounted to 600,000,000 copies. All other pub- 
lications printed 1,000,000,000 copies. The aggregate issue in that 
year of all political and literary periodicals of the country was over 
2,500,000,000 copies. What an astounding exhibition! Let us 
look at the comparative results since 1704: 

NEWSPAPEB AND PEEIODICAL CIECULATION IN THE UNITED STATLS- 

Newspapers and Copies annually 

Years. Periodicals. printed. Population. 

1704 1 16,000 600,000 

1725 4 170,000 1,000,000 

1775 37 1,200,000 2,800,000 

1810 ,.,359 22,321,700 7,239,814 

1828 - 852 68,117,796 12,000,000 



Lesson 9] FREE SPEECH, FREE PRESS, ETC. 113 

Newspapers and Copies annually 

Years* Periodicals. printed. Population. 

1835 1,258 90,361,000 14,000,000 

1840 1,631 195,833,673 17,069,453 

1850 2,526 426,409,978 23,191,876 

1860 4,051 927,951,548 31,445,080 

1870 ... 5,871 2,503,548,250 38,555,753 

It is estimated that the number of copies of newspapers printed 
in Great Britain in 1870 was 350,000,000, and the same in France. 
The census returns show that over 2,500,000,000 were issued in the 
United States in the same year. The following table shows very 
clearly how far in advance of every other country we are, in respect 
at least to numbers, in periodical literature. The figures give the 
number of newspapers and other periodicals, published in 1870 in 
every part of the world: 

Great Britain 1,456 Norway and Sweden. 184 

France 1,668 Netherlands 174 

Prussia 809 Switzerland 394 

Austria 650 Egypt 7 

Other German States 467 Africa 14 

Kussia 337 Asia 30 

Italy 723 Turkey 8 

Spain ' 306 Other parts of the world. . . 150 

Belgium . 194 

Portugal 26 Total 7,642 

Denmark 96 United States 5,871 

At the present rate of increase, in ten years there will be more 
newspapers and magazines published in the United States than in 
all of the rest of the world combined. Indeed, the American News- 
paper Directory of 1872 gives the aggregate number of periodical pub- 
lications in this country at 6,432, only 1,200 less in that year than 
in all other parts of the world. Our growth, as a nation, is more 
rapid; then, with common schools, churches, politicians, theatres, 
lectures, libraries and reading-rooms everywhere, there is a greater 
demand for cheap literature and cheap reading. — JV. Y. Times' Re- 
view of Hudson's Book. 



114 POLITICAL IDEAS. [Lesson 10 



LESSON X. 

OF FREE COMMUNICATION. 

136. In Lesson 8, on Free Opinion and Public Opinion, 
you learned that freedom of communication was one of 
the means required for the formation of public opinion. 
And this right was denned as " the free right to travel at 
one's own pleasure, and to send letters and publications 
through the public mails without any risk of having the 
correspondence opened, read or appropriated by any 
other than the person to whom it is addressed." 

How does this freedom compare ivith that allowed under 
Monarchical Governments ? 

In Great Britain and her colonies the people are as 
free in this respect as our citizens. But throughout the 
continent of Europe until since 1860, all travelers were 
looked upon with suspicion, and were jealously watched 
and traced from place to place, and country to country, 
by the police. No stranger was permitted to enter any 
frontier town unless he had a " passport " issued by the 
authorities of his own country; that is, before he left 
home he must have prepared himself with a paper 
' c character " telling who he was, whence he came, his 
age, business and general appearance, and this had to be 
countersigned by the minister in his own country of that 
he desired to visit. This paper had to be continually 
shown, like a ticket on a railway, and countersigned by 
various officers in the different places as he visited them. 
Should he have lost this passport, or should any mistake 
have occurred about it, he would be detained perhaps for 

136. Is free commiinicatioii a necessary means of forming Public Opinion? 
Why ? Without it, how could the people in the various states or countries learn 
each other's opinions ? How clo you define free communication ? Does this free- 
dom exist in Europe ? Describe the passport and its object ? 



Lesson 10] FREE COMMUNICATION. 115 

weeks or months until he could find it or rectify the 
error; being meanwhile as carefully watched as if he 
were an escaped felon or a conspirator. 

137. But in the United States any one, native or 
foreigner, may enter or leave the country, or any 
State, county, city or town, -without being obliged 
to answer any questions, and "without meeting any 
person having a right to stop him, except he be 
arrested for some offense against the laws. 

138. What has been the result of the realization of this 
idea of free communication upon travel and trade in the 
United States? 

The freedom of travel, coupled with the universal 
desire of mankind to enjoy that freedom, has so stimulated 
the construction of lines of communication that all parts 
of the country are now brought within a few days' 
travel of each other. In the item of railroads, there are 
more miles completed within the United States than in all 
the rest of the world combined. On January 1st, 1870 , there 
were 76,366 miles of these rouds built and in process 
of building in our country; the cost of whioh was esti- 
mated at $2,212,412,719, or a sum equal to the national 
debt* at that date. 

All of these have been commenced since 1827. There 
have also been constructed 3,236 miles of canals, at a 
cost of $90, 984, 951. f Besides which, the thousands of 
miles of navigable rivers and lakes swarm with steam- 

*One Hundred Years' Progress of the United States, p. 216. 
tlb., pp. 189, 190. 

137. Are passports required in the United States? Is there any restriction to 
travel in our country ? What ? 

138. What has been the result of the idea of free communication to the United 
States? How many miles of railroads are there? What did they cost? How 
many miles of canals ? What did they cost ? What about steamboats ? Stage 
roads ? What is the result upon the people ? Are provincialisms as marked in 
the United States as in Europe ? 



116 POLITICAL IDEAS. [Lesson 10 

boats, and more than 500,000 miles of stage roads connect 
town with town, and city with city, in a perfect net-work 
of communication over the whole country. Thus the 
people of all parts of the Union are enabled to see 
and know each other, whereby they learn to think 
and act alike. Such provincial peculiarities in dialeet 
and manners as mark the natives of the different coun- 
ties in England and the provinces of other kingdoms in 
Europe, are hardly known in the United States; w T hile 
such as do exist are rapidly disappearing through the in- 
creasing intercommunication brought about by railroads. 

139. Wliat other means of communication are particularly 
useful in the formation of public opinion in the United 
States? 

The Mails, the Telegraph and the Express. 

The mail service is maintained by the General Gov- 
ernment, and thus uniform rates of postage and sys- 
tematic regulations are established alike in all the States, 
which would not be the case were the postoffice con- 
trolled by the State Governments. The mail is at the 
service of every individual for the carriage of let- 
ters, papers, books and small parcels. It is through 
the mails that the enormous newspaper circulation of 
the country is carried on. There would be no use in 
allowing a free press if no means were provided for the 
free transmission of what is printed to the persons who 
are to read it. Hence, the postoffice is a sacred in- 
stitution. There exists no power in the United 
States, not even in the courts, by which a letter or 
paper can be lawfully taken from the postoffice, 
except by him to whom it is addressed. 

139. What can you tell about the United States mails? Are they free to all? 
Are they liable to interference by the Government ? 



Lesson 10] FREE COMMUNICATION. 117 

140. Are not the public mails as free in Europe as in Hie 
United States? 

They are not. For though the great mass of ordinary 
correspondence may pass without obstruction, yet if a 
person be suspected of crime, particularly of treason, 
his letters are likely to be opened in the postoffice by 
the police in hopes to find evidence against him, or de- 
tect his accomplices. In such countries no newspapers 
or books are allowed to enter by mail which contain 
republican ideas, or tend to make the people discon- 
tented with their rulers. There are many parts of Europe 
where this book would not be allowed to circulate. 

141. How are the telegraph and express used and protected 
as means for the for /nation of public opinion? 

The Telegraph, an American invention but thirty years 
old, now connects each town of any importance with 
every other, bringing the bulk of the people almost 
within speaking distance of each other. By this means 
the newspapers each morning are enabled to record the 
events of the preceding day wherever they may have 
occurred. As a means of communication it is always in 
advance of the mails, and is constantly in use in convey- 
ing from point to point the expression of public opinion 
as well as the private business of different sections. It is 
therefore the most active and powerful means of modify- 
ing the public opinion of one place by that of another. 
For this and for other reasons it is closely guarded by 
law. The telegraph company must report at once to the 

140. Are European mails as free as the American ? In what respect do they 
differ ? Are all books and newspapers admitted in the European mails ? What 
exceptions are there ? 

141. How are the telegraph and express used and protected in the United 
States ? What can you say of the telegraph ? # What protection does the law give 
to telegraphic messages ? To telegraph property ? Why ? Can Government offi- 
cers tamper with the telegraph ? Why would the control of the telegraph by the 
Government be dangerous to liberty ? 



118 POLITICAL IDEAS. ."Lesson 10 

person addressed, and to him only, the exact message 
received. If an operator divulges the message, or 
delivers it to a third party, or fails to report it promptly 
to the proper party, or if any person -willfully injures 
any telegraph wire, materials, or property, all such de- 
linquencies are punishable by fine or imprisonment. 
Moreover the delinquent becomes liable to pay damages 
to the injured party.* No Government officer has any- 
more right to tamper with correspondence by tele- 
graph than with that by the mails, and should 
Government undertake to control the telegraph as 
it does the mails, it would acquire an accession of 
power dangerous to individuals, whose secrets it 
would learn; to the press, by enabling the Govern- 
ment to suppress news ; and to political parties in 
opposition to the Administration. 

142. The Express business, like telegraphing, is 
carried on, not by Government, but by corporations or 
individuals. But in all its transactions it is governed by 
laws which protect the rights of individuals. Like the 
mails and the telegraph, all have the right to use 
the express, provided they pay the equal charges. 
The Express Company is responsible for the value of 
every package entrusted to it, until it has been delivered 
in the same condition as when received, to the person 
only to whom it was addressed. Failing in this, the 
company must pay the value of the package, or the 
damage it has sustained while in its hands. 

143. What is the effect of all these means of communica- 
tion informing and consolidating public opinion? 

* See the Statutes of any State on this subject. 

142- Are telegraphs and express carried on by Government? What law pro- 
tects the citizen who uses the express ? To what extent does it protect him ? 

143. What is the effect of all these means of communication on public opinion ? 
Hew does the United States compare with other States and countries having no 
railroads, steamboats or telegraphs '? What would so large a country be without 
them ? 



Lesson 10] FREE COMMUNICATION. 119 

By these means the United States, though embracing 
an extent of territory larger than that of any other na- 
tion except Russia, and populated by forty millions of 
people, is now more quickly traversed, and its inhabitants 
sooner informed and consulted about public affairs, than 
was the case within the little State of Massachusetts, at 
the beginning of the 19th century, when its population 
did not exceed a few hundred thousand. The whole 
country is more closely united, more compact, %nd 
more sympathetic, than any nation of a tenth of 
its population, or the hundredth part of its extent, 
could have been before railroads, steamboats and 
the telegraph -were invented. Consequently, public 
opinion is more quickly formed, more freely expressed, 
and a thousand times more emphatic, than it ever could 
be elsewhere. A month or two is now sufficient to foim 
the public mind of the nation on almost any subject. 
Without free and rapid communication in so large a 
country, sectional feeling would doubtless long since 
have destroyed the Union; and if not, time and distance 
would have made a united national public sentiment 
almost an impossibility. 

Notes. — " The freedom of communion is one of the most precious 
and necessary rights of the individual, and one of the indispensable 
elements of all-advancing humanity. So much so, indeed, that it is 
one of those elements of liberty which could never have been singled 
out had not experience shown that it forms invariably one of the 
first objects of attack when arbitrary power wishes to establish it- 
self, and one of the first objects of conquest when an unfree people 
declares itself free. Letter's S. G. & C. L. 89. 

In " police " governments like that of France, it is customary for 
the Government to open letters addressed to or written by suspected 
persons. The same practice has at times prevailed in England." 
lb. 93. 

How Letters are Opened and Read in France.— A pamphlet 
by M. Emile Lambry, an employe in the French postofnee, recently 



120 POLITICAL IDEAS. [Lesson 11 

published in Paris, gives some curious details about the " Cabinet 
Noir," as the department for opening letters from suspected persons 
is called in France. Letters were opened under Charles X, and 
Louis Phillippe, but under the Second Empire the " Cabinet Noir" 
acquired an importance previously unknown. The dishonorable office 
of opener of letters was occupied by a man named Simonel, who, 
from M. Lambry's account, seems to have been singularly well-fitted 
for the post he held. At first Simonel only stopped letters in obe- 
dience to a list sent to him from the Prefecture of Police. These 
letters were put in a bag and forwarded to the Prefecture, where 
they were opened and read. Simonel's way of proceeding was as 
follows: "When a suspected letter fell into his hands, he inserted the 
point of a very thin knife, specially made for the purpose, under 
the seal, then, by dint of steady pressure, and thanks to the skill 
acquired by long practice, he removed the seal whole, and without 
tearing the envelope. The letter read, and if necessary, copied, 
Simonel slightly warmed the bottom of the seal, so as to melt the 
wax sufficiently to attach it again to the paper. By this means he 
was enabled to defy detection. When letters were fastened with 
gum or a wafer, ii was still easier to open them ; a few drops of hot 
water were all that was necessary. Foreign mail-bags passing- 
through Paris were not respected any more than letters to be de- 
livered in France. 



LESSON XL 

OF FREE ASSOCIATION. 

144. What is understood by the principle of Free Asso- 
ciation ? 

The privilege every one enjoys under a free gov- 
ernment of choosing his own associates, whether 
■with or -without any special object in so doing, or 
•with an organization or other-wise, always provided 
that tlie object be sucli as will not interfere with the 
rights of other people or associations, and that the so- 
ciety does not disturb the public peace, nor violate any of 
the laws of the land. 

144. What do you understand by free association ? 



Lesson 11] FREE ASSOCIATION. 121 

145. To what extent is the privilege of free association 
availed of in the United States? 

To a degree that astonishes those foreigners in whose 
countries this principle is disallowed. Almost every 
perstm belongs to one or more voluntary associations. 
Societies are numerous in proportion to the population. 
Many of them exist even in small villages of only a few 
hundred inhabitants, and in large cities they can hardly 
be counted. In fact, many forms of association extend 
over the whole Union, having branches in every town. 

146. How are these various associations classified? 
They may be arranged with reference to their objects, 

thus : 

Religion, which includes all churches, Sunday schools, 
Bible societies, religious orders, ladies sewing circles, 
Christian associations, missionary societies, and the like. 

Moral Reform, including all societies designed to 
promote morality. Such are temperance, and prisoners' 
aid associations. 

Politics. To this division belong political parties, 
such as the present Republican and Democratic, and the 
old "Whig and Know-Nothing parties. The Abolition 
Society, the Knights of the Golden Circle, and the 
Union League, were all political associations. 

Benevolence. This object is sought by an immense 
variety of societies. Prominent among them are the 
Masons, Odd Fellows, Druids, Red Men and other 
secret associations, national benevolent societies, hospi- 
tals and charitable institutions. 

Trades Unions, whereby mechanics and tradesmen 



145. How far is voluntary association availed of in the United States ? 

146. Classify the various kinds of associations ? What kind of Societies are 
organized to promote religion? Moral Reform? Politics? Benevolence? 
Trades? Other objects? Business? 

11 



122 POLITICAL IDEAS. [Lesson 11 

band themselves together for the purpose of promoting 
the interests of their own trade. 

There are also many societies organized to promote 
literature, science, the learned professions, art, 
education, emigration, colonization, agriculture, 
manufactures, commerce, and for temporary pur- 
poses without number. 

Lastly, under the term Business Corporations are 
included all those joint stock associations "with cap- 
ital, which are organized under the laws for the 
purpose of carrying on some branch of business re- 
quiring more money than one or two persons could 
be expected to furnish. Such are banks, railroad, in- 
surance, toll road, mining, manufacturing, telegraph, 
express, and transportation companies, and many 
others. 

147. How do these societies operate in promoting the love 
of liberty, the knowledge of law, progress, and public opin- 
ion among the people? 

Their effect in educating the people to work to- 
gether in the furtherance of common objects is so 
great, that if the principle of free association were 
abolished, the entire character of the nation would 
be changed. Their result upon national character is 
shown in several particulars, e. g. 

A. In familiarizing the members with parlia- 
mentary law, or the law governing all public 

147. How do these societies affect the love of liberty, knowledge of law, pro- 
gress, and public opinion among the people ? What is parliamentary law ? What 
is its object ? Do societies cultivate the habit of public speaking? How do they 
prepare the citizen for public life ? Do they teach respect for the opinions of 
others ? Do they inculcate a spirit of compromise? How do they affect the for- 
mation of public opinion ? The study of the law ? What are corporations ? By 
what power are they created ? Why are they called artificial persons ? Why are 
tfaey formed ? What kinds of business do they engage in ? How do associations 
form public opinion ? 



Lesson 11} FREE ASSOCIATION 123 

meetings, whereby only can the united opinion of the 
members be fairly ascertained. 

B. In cultivating the habit of public speaking. 

C. In preparing private citizens for public life, 
for the officers of associations differ from public officials 
only in the extent of their sphere of duty, and in the 
weight, not character, of their responsibilities. Each 
society has its constitution, its laws, its legislative and 
executive, and sometimes its judicial functions, like a 
State government in miniature; and whoever learns to 
administer a society becomes thereby fitted to serve the 
State. 

D. In training the members in the respect for 
the rights of others, which constitutes the spirit of 
political liberty. 

E. In developing the spirit of mutual concession 
or compromise, which is indispensable in maintain- 
ing union of any kind, or producing united eSbrt. 

F. In forming opinion under the constant check 
of opposition, whence results public opinion or " the 
opinions of individuals modified by one another."* 

G. In the study of those branches of the law 
which afFeet the objects of the society, and its rela- 
tions with those who deal with it. 

H. Corporations exist solely by operation of 
law, which provides that for certain purposes only, a 
number of persons may act together, in the same man- 
ner as one person may do by nature. Thus, in law an 
individual is called a natural person, and a corporation, 
an artificial person. It is by these " artificial persons" 
that a very large proportion of all the heavy business of 
the country is carried on. To the principle of free asso- 

*See Sec. 118. 



124 POLITICAL IDEAS. [Lesson 11 

ciation therefore is due a great part of the material pro- 
gress which has distinguished the United States above 
all the countries in the world. 

I. Associations of all kinds have more or less 
influence in forming public opinion. In fact, many 
of them are created for this purpose only. And they 
attain their objects by the use of free thought, 
free speech, free press, and free assembly, in ad- 
dressing the facts and arguments favoring their peculiar 
views to all listeners and readers, so as to persuade as 
many as possible to think as they do. 

148. Are there not many associations permitted in the 
United States whose objects are foreign to the American sys- 
tem, and if attained, the societies would have to be sup- 
pressed by the power of the Government ? 

There are. But were the Government to inter- 
fere with them before they had committed any 
■wrong act, it would be violating their rights of free 
association. 

149. 7s the object of the Fenian society compatible -with 
American ideas t 

It is not, in so far as it is an organization of persons 
who seek to make Ireland independent of England by 
military operations organized in the United States. 
Now, so long as the United States are at peace with 
Great Britain, this society cannot be allowed to com- 
mence a war from our territories upon England, for this 
would be a violation of our treaties with that nation; 
and as we have already seen, treaties with foreign na- 
tions are a part of the supreme law of the land:* so 

-See Sec. 92. 

148. Why does our Government permit associations whose objects are foreign 
to the American system ? 

149. Is the object of the Fenian Society compatible with American ideas? 
Why not ? Then why is it protected ? 



Lesson 11] FREE ASSOCIATION, 125 

when the Fenians twice invaded Canada, our Govern- 
ment immediately used the army to disperse them and 
protect the Canadians. And so it will continue to do. 
But so long as the Fenians confine themselves to speak- 
ing, writing and sending money or supplies to their 
friends in Ireland, they violate no law, and the Govern- 
ment has no right nor power to disturb them. 

150. Wliat other foreign associations are permitted 
whose objects are inconsistent with the American system f 

The Orange Society, which seeks to keep alive on 
American soil an old foreign religious feud, which, with 
all others of that nature, we desire to forget. Neverthe- 
less the Government has several times protected the 
Orangemen in their public celebrations; for so long as 
they conduct themselves peaceably towards those who 
differ with them, they are entitled to their freedom of 
association. 

There are also foreign societies of every nation, whose 
object is to keep alive the customs, associations, and 
love of the old countries, in the breasts of their members. 
Now, though the object of our institutions is to obliterate 
all foreign distinctions and traditions, so as gradually to 
fuse all these strangers into one American people, all 
speaking our language, and recognizing only the United 
States as their country, yet we can accomplish this only 
by moral, not by legal means. To suppress these so- 
cieties by law, so long as they do no harm to other 
people, would be to violate their right of free association. 

151. Wliy do we find the public peace and security pro- 

150. Is *he object of the Orange Society consistent with our system? Why 
not ? Arc there- other foreign societies ? What are their objects and tendencies ? 
Why, and under what conditions are they protected? 

151. Why do we find the principle of free association an ally of Government, 
while monarchy finds it an enemy to public peace ? What results from confirm- 
ing the tendency towards association among men? How does America find it 
best to deal with it ? 



126 POLITICAL IDEAS. [Lesson 12 

moted by this freedom of association, ivhile the safety of 
Monarchical Governments would be endangered by it t 

Because our whole system of G-overnment being but a 
huge voluntary association, the operation of the volun- 
tary principle in other forms is entirely consistent with 
it, and indeed necessary to its support. But under a 
Government maintained by force, the free associa- 
tion of the people cannot be allowed, for its results 
would soon destroy the Government. Therefore 
the natural tendency of human nature toward association 
finds its development on the Continent of Europe, only 
in secret political societies. Such are the " Carbonari'' 
of Italy, and the " Internationals " in other countries 
of Europe. The frequent conspiracies which have de- 
faced European history indicate that Monarchical Gov- 
ernment on the continent has always been undermined 
by secret associations. But Americans find the voluntary 
principle like water. It is better to allow it to flow 
at will within its natural banks, than by obstruct- 
ing its course to cause inundations, which, as in the 
French Bevolution of 1789, are sure to sweep away in 
common destruction every vestige of government and 
law. 



LESSON XII. 

OF THE EIGHTS OF PETITION AND INSTRUCTION, 

152. "We have heretofore seen (see Lesson 7) that the 
power of making the laws is confided by the American 
people to legislators, who are elected to perform that 
duty only. "We ha\e also seen that all laws, both in 
their inception and their continued efficacy, rest on pub- 



Lessor 12] RIGHTS OF PETITION, ETC. 127 

lie opinion; and that we protect freedom of thought, 
speech, the press, assembly and association, for the 
purpose of creating public opinion; that is, so as to 
furnish every facility to individuals to submit to each 
other's judgment every thought and every measure which 
any one thinks would benefit the public if enacted into 
law. We have also seen that the legislators, like all other 
elected officers, are directly responsible to the people, 
whose servants they are. We must now learn in what 
manner public opinion is brought to bear upon these 
public servants. 

153. The first amendment to the Federal Constitution 
reads: " Congress shall make no law abridging the right 
of the people peaceably to assemble, and to petition 
the Government for a redress of grievances." 

154. The Constitution of Massachusetts says: 

' ' The people have a right in an orderly and peaceable 
manner to assemble to consult upon the common good; 
give instructions to their ^Representatives, and to re- 
quest of the legislative hody, by the way of 
addresses, petitions or remonstrances, redress of 
the wrongs done them and the grievances they 
suffer."* 

155. In what respect does the attitude of the people of the 
United States toward their Government contrast with that 
of the subjects of a monarch, relative to petition and instruc- 
tion f 

In America the people are the sovereign power, 

*Massacliusetts Declaration of Eights, Sec. 19. 

153. Repeat the quotation from the Federal Constitution on the subject of the 
right of petition ? 

154- What says the Constitution of Massachusetts on the right of instruction ? 

155. How does the attitude of Americans toward their Government contrast 
with that of subjects under monarchy? Does the right of instruction to Repre- 
sentatives result from the American system ? 



128 POLITICAL IDEAS. [Lesson 12 

and we have no ruling classes distinct from the gov- 
erned, who have the right to act out their own will, in 
spite of the will of the people. In England, Parlia- 
ment is the sovereign power; in Russia, the Czar; 
in Turkey, the Sultan. Under the French Empire, 
it was the Emperor. But with us the people rule, 
and the last appeal lies to them. In other countries 
the people humbly pray the Government; here they 
petition, or if they constitute a majority of the consti- 
tuency, they instruct their representatives. On all ques- 
tions on which the public mind has been thoroughly en- 
lightened by discussion, the doctrine of instruction to 
Representatives is a necessary result of our institutions. 

156. "When a Representative in Congress or a State 
Legislature votes and works against the manifest will of 
the majority who elected him, he is treated as a treach- 
erous man, who is not again to be trusted; and so it 
should be, for he holds his power directly from the peo- 
ple and not by " divine right," and his duty is to fol- 
low in all things lawful, the expressed wishes of 
his employers. 

157. Have the people the same right of petition and in- 
struction to the Executive and Judiciary, that they have to 
the legislative branch of the Federal and State Govern- 
m&nts f 

They have a limited right of petition to the Execu- 
tive, but none to the Judiciary; and they have not 
reserved any right of instruction to either. The 
Executive indeed holds a portion of the legislative 
power, for he can veto bills after they have passed both 
houses of the Legislature, and the people have the clear 

156- When is a Representative considered treacherous to his constituents? 
157. Have the people the rights of petition and instruction to the Executive ? 
To what extent ? Why is it limited ? 



Lesson 12] RIGHTS OF PETITION, ETC. 129 

right to petition for the veto of any obnoxious bill. 
They may also petition him as Executive for the pardon 
of a criminal, for the appointment of an individual to 
office, for protection against an enemy or relief from 
a foreign wrong, or for the execution of some neglected 
statute. But as nearly all the duties of the Execu- 
tive are exactly fixed by law, while in matters 
left to his discretion he is advised or checked by 
his Cabinet and by the Senate, the interference of 
the people in matters of detail would be both un- 
wise and injurious. It is sufficient that he answer to 
the people in the general tone of his administration. 

158. All the duties of the Judiciary being strictly defined 
by law, there is no point wherein the instructions or peti- 
tions of the people would serve any good purpose. 

The Judges are all responsible for their errors to the 
higher courts, except those of the Supreme Court, and 
these are numerous enough to check each other. All 
are liable to removal on impeachment (as we shall here- 
after see) in case of flagrant misconduct; and in the case 
of elected judges, the people need not reelect such as 
have proved themselves unfitted for such a trust. 

159. Are Senators and Representatives equally bound by 
the instructions of the people f 

No.* The Kepresentatives, or members of the lower 
house, are considered to be the " popular" house, or 
more completely representing the people than the Senate, 
who are expected to act more as a check upon hasty 
legislation, than in a more active capacity. The Senate 

158. Can they petition or instruct the Judiciary? Why not? To whom are 
the Judges responsible ? 

159. Are Senators and Representatives equally bound by popular instructions? 
Why not ? What is the difference in this respect between the two houses ? Are 
United States Senators directly responsible to the people ? What was the old 
form of instruction ? 



130 POLITICAL IDEAS. [Lesson 13 

is always the smaller body, composed of older men, and 
elected for a longer time than the Kepresentatives. And 
the United States Senators, being elected by the State 
Legislatures, are deemed to be only indirectly responsi- 
ble to the people. Hence the Senators are left more to 
their own discretion. The old form of instruction by 
the people read: "We request our Senators, and in- 
struct our Kepresentatives." 



LESSON XIII 

OF FREEDOM OF CONSCIENCE. 

160. Art. VI, Sec. 3, of the Federal Constitution pro- 
vides that " No religious test shall ever be required 
as a qualification to any office or public trust under 
the United States." And Article I of the Amendments 
reads: " Congress shall make no law respecting an 
establishment of religion, or prohibiting the free 
exercise thereof." 

161. The language of all the State Constitutions is 
very full and explicit on the subject of freedom of con- 
science. Maine says (Art. I, Sec. 3): " All men have a 
natural and inalienable right to worship Almighty God 
according to the dictates of their own consciences, and 
no one shall be hurt, molested or restrained in his 
person, liberty or estate, for worshiping God in the 
manner and season most agreeable to the dictates 
of his own conscience, nor for his religious profes- 

Lesson 13. — 160. Repeat the quotation from the Federal Constitution on reli- 
gious tests for office ? On making laws concerning the establishment of religion ? 

161. Give the substance of the quotation from the Maine Constitution ? Have 
all the States adopted the same principles ? 



Lesson 13] FREEDOM OF CONSCIENCE. 131 

sions or sentiments, provided he does not disturb 
the public peace, nor obstruct others in their 
religious worship ; and all persons demeaning them- 
selves peaceably, as good members of the State, shall 
be equally under the protection of the laws; and no 
subordination or preference of any sect or denom- 
ination to another shall ever be established by law; 
nor shall any religious test be required as a qualification 
for any office or trust under this State; and all religious 
societies in this State, whether corporate or unincorp orate, 
shall at all times have the exclusive right of electing 
their public teachers, and contracting with them for 
their support and maintenance/ 5 

162. Virginia says: " That religion, or the duty which 
we owe to our Creator, and the manner of discharging 
it, can be directed only by reason and conviction, 
not by force or violence ; and therefore all men are 
equally entitled to the free exercise of religion, according 
to the dictates of conscience; and that ifc is the mutual 
duty of all to practice Christian forbearance, love and 
charity toward each other." * 

163. In what respect does consistent reason require free- 
dom of conscience in religious matters ? 

* Virginia BiU of Eights, Sec. 16. 



162. What does Virginia say on this sn eject? 

163. Why does consistent reason require freedom of conscience in religious 
matters ? Has the State any right to interfere with anything that promotes the 
happiness of the people ? Or with such things as result only in the injury of the 
person committing them ? Does religion promote happiness ? If the want of 
it injures any one, who is it ? Who punishes the vicious person ? What is the 
difference between vice and crime? (Ans. Vice is sin — an offense against God or 
one's self. Crime is an offense against the law of the State. Ail crimes are vicious 
or sinful, but all sins and vices are not crimes. The State cannot punish mere 
lying or hypocrisy, but it does punish theft. All three are sins, but only the 
theft is a crime, for it injures another.) Is the right of Free Opinion specially 
valued by religious people ? Why ? Does the State carefully protect that right ? 



132 POLITICAL IDEAS. [Lesson 13 

In Sec. 31, we learned that (C society" (or the State) 
' has no right to interfere with such acts as promote 
happiness, nor with such as injure only the person who 
commits them. But that it has a right to prevent such 
acts as tend to injure other people/ And in Sec. 113 
we found that no man can be free who is not allowed to 
think as he pleases. 

Now religion is the highest means known for promoting 
virtue and happiness among men. Consequently, the 
State has no right to interfere with it. As it is purely 
an individual matter between each conscience and its 
Maker, and as the punishment of irreligion and personal 
vice is the natural consequence of vicious conduct 
under the laws of the Creator, so long as one's vices 
injure only himself, the State has no right to sned- 
dle with him. And as the right of free opinion is pre- 
eminently precious to religious people, the State partic- 
ularly protects that right, and will never allow any 
dictation on this subject by any human being. 

164. If religion be the highest means known for promot- 
ing virtue and happiness among men, why is it necessary 
to limit the protection of the laws to those religionists only 
who do not disturb the public peace, nor obstruct others in 
their religious worship? Do religions ever disturb the 
public peace ? 

This restriction is necessary, because in past ages the 
imperfect civilization of people professing religion has 
led them to misunderstand its true principles, causing 
them to manifest their faith, not in love and good works 
to each other, but in a rigid compliance with outward 
forms and ceremonies. Hence grew up the idea, that 

164. Do religions ever disturb the public peace ? What was the old idea of 
spreading religion among the people ? How did bad men injure others by these 
means? 



Lesson 13] FREEDOM OF CONSCIENCE. 133 

to spread religion it vf as only necessary to compel men 
to adopt these forms and ceremonies. Bad men ele- 
vated to high position in the church, and fanatical sects 
of all beliefs, have heretofore inflicted frightful miseries 
on their race through wars and persecutions originating 
in this way. It is to prevent any attempt of this kind that 
our Constitutions are so well guarded on this point. 

165. When we remember that for fifteen centuries all the 
Governments of Europe have been closely united each with 
some form of religion, which was exclusively supported and 
generally the only one tolerated by the State, does it not seem 
as if ours were an unchristian, irreligious, or heathen form 
of government f 

It may seem so to one educated to believe in the old 
European plan. But so far is this from the fact, 
that, on the contrary, the whole American system 
(as we have seen in Lesson I) is founded on pure 
Christian principles; and our universal equality 
and freedom in religious matters have done more 
to spread the true spirit of religion among the peo- 
ple, than all the unions of Church with State, bul- 
lets, bayonets, and inquisitions that ever existed. 

166. In what then does the error of those who denounce 
ours as an irreligious Government consist f 

The union of Church and State does not make a Gov- 
ernment religious. Government is a corporation. 
Corporations have no souls to be saved ; they are 
not expected to enjoy immortality beyond the 
grave. Hence they can be neither religious nor 

165. Is not ours an unchristian or irreligious form of government ? Why not ? 
"What has been the result of our freedom and equality in religious matters ? 

166. In "what consists the error of those who denounce our Government as Ir- 
religious ? Can a corporation be religious ? Can religion be an attribute of Gov- 
ernment ? Are faith and morals individual matters ? Can there be an Episcopal 
railroad company ? "Why not ? What purposes is Government designed for ? 



134 v POLITICAL IDEAS, [Lesson 13 

irreligious. Eeligion is not, and cannot be, an attri- 
bute of Government. Faith and morals are purely- 
individual matters. All the stockholders in a rail- 
road company may be Episcopalians, but nobody on 
that account would think of the corporation as an Episco- 
pal railroad company. "Why ? Because the stockholders 
are united in the company for a purely secular purpose, 
with which their religion, as individuals, has nothing to 
do. So the Government is organized for purposes 
relating wholly to the present life. Though the 
individuals composing it are doubtless responsible to 
their Maker, for (heir public as well as their private of- 
fenses, yet nobody has ever dreamed of the resurrection 
and judgment hereafter of any Government, considered 
in its corporate capacity. 

167. But among the duties of Government stands 
the obligation of promoting among the people the 
principles of personal morality, without which, 
especially under a voluntary form like ours, 
no Government can long exist. America, in her 
mode of performing this duty, has proved more 
successful than any other nation, for the reasons 
following : 

A. She has incorporated the principles of re- 
ligion (without regard to the peculiar doctrines of 
any particular church or sect) in all her Constitutions 
and laws. 

B. She relies upon a religious oath, as the ultimate 
security for the integrity of all her public officers, for 
eliciting the truth from witnesses, righteous judgment 



167- What is the duty of Government in promoting morality? Can a Gov- 
ernment rerting, like ours, on the voluntary agreement of the people, exist 
Vv ithout morality ? Has America been peculiarly successful in this duty ? In 
what particulars ? State them fully ? 



Lesson 13] FREEDOM OF CONSCIENCE. 135 

from courts and juries, and faithful service from lawyers. 
Without religious faith on the part of the person 
taking this oath, it imposes no obligation on his 
conscience. 

C. She protects all Churches, sects, and faiths 
"with rigid impartiality from the encroachments of 
each other; whereby persecution is rendered impossible, 
and the members of different sects, being compelled to 
live in harmony together, gradually lose their harsh 
prejudices, and learn, instead of hating, to " love one 
another." 

D. She removes from ambitious and hypocritical 
minds the temptation to seek office in a State 
Church ; whereby, as history shows, wicked men have 
often degraded and demoralized it, causing horrible 
miseries to the victims of their tyrannies, and utterly 
perverting the beneficent objects for which religion was 
revealed to man. 

E. She leaves the entire support of Churches to 
the voluntary efforts of their members, whence the 
prosperity of each society depends wholly upon indi- 
vidual zeal; an appetite which " grows by what it feeds 
on." Hence, nowhere are there so many churches and 
Sunday schools as in the United States. And no nation 
that ever existed has been so completely governed in all 
its public acts by the influence of personal religion 
among the people. It was only in the United States 
that a Sanitary or Christian Commission would have 
been thought of. It was only the United States that 
failed to prosecute and execute rebels, when after a suc- 
cessful, though desperate civil war of four years, she had 
millions of them at her feet. It is only the United States 
that has never oppressed a weaker nation. And it is 
preeminently in America that popular subscriptions 



130 POLITICAL IDEAS. [Lesso* 13 

for the relief of suffering humanity have become a 
national custom, enlisting the sympathies of the people 
as often as famine, war, pestilence, earthquakes or fires 
call for the 'exercise of active benevolence. 

168. What are the evils shown by history to result from 
the union of Church and State, that is, the exclusive sup- 
port of any one Church or sect by the Government ? 

A. An injury to the liberty of all whose reason 
or conscience could not be convinced that the Na- 
tional Church was the true one, for to these was 
denied the right of free opinion. 

B. An outrage on natural rights in compelling 
dissenters to pay taxes to support a Church, in 
whose doctrines they did not believe, and which ^\ as 
therefore of no benefit to them. 

C. Jealousy on the part of the established Church 
towards all others, causing religious persecutions 
and civil wars. 

D. The State Ciiurch, being supported by compulsory 
taxation, is always rich, and its rulers have great power. 
Hence, bad men, not caring for souls, but only anx- 
ious for wealth and power for themselves, have 
often managed to control it ; or appointments to livings 
being made through influence, regardless of talent or 
zeal, the ministers degenerate into mere formalists, and 
cease to cultivate piety among the people. Under a 
Church so governed, hypocrisy takes the place of 
virtue, and we have already seen that a nation of 
hypocrites can never be free.* 

E. The mind that is fettered in religion is never 
free to act out its natural bent in other matters. 

* See Sec. 114. 

168. What evils result from the union of Church and State? Give them in 
full ? Can the mind fettered in religion act out its natural bent in other matters ? 



Lesson 13] FREEDOM OF CONSCIENCE. 137 

Hence science, invention and progress were always "hin- 
dered, and often suppressed, in those countries where 
religious freedom did not exist. 

169. We have said that our Government had incorporated 
religious principles in its laws and Constitutions. Is fliere 
anything in this which prevents freedom of conscience to 
Hebrews, Mohammedans, Confucians, Mormons, and people 
of no religion, any more than to the Christian sects f 

There is not. Christ has commanded us to "judge 
not, that we be not judged."* It is no man's business, 
therefore, to undertake to pronounce his neighbor's 
religion to hi worse than his own. But were we never- 
theless privileged to condemn another's faith: "God 
maketh the sun to rise on the evil and on the good, 
and sendeth his rain on the just and on the urrjust."f 
Now if God, the Father of all, makes no distinction in 
his distribution of good gifts to men with reference to 
their attitude toward him in religious matters, by what 
right dare man interfere in the matter ? 

170. What then is the American idea on the subject of 
religious toleration f 

The American system makes a clear distinction be- 
tween religion, which, as a personal quality, it en- 
courages and cherishes, and the Church, which, being a 
corporation, though it be designed for the promotion of re- 
ligion, the law regards merely as it does all other forms of 
voluntary association. (See Sec. 146.) Like other cor- 

*Matt. vii: 1. tMatt. v: 45. 



169. Does the incorporation of religions principles in the Constitntion and 
laws imply that only Christians have the right to protection ? Why not? Have 
men the right to judge one another's religion ? If they had that right, should 
they exercise it more severely than God does ? 

170. What is the general idea of religious toleration? Why must Churches 
be subordinate to the State ? What do we say to all religions ? 



133 POLITICAL IDEAS [Lesson 13 

porations and voluntaryassociations, the Church must 
be subordinate to the State. All members of Churches 
are also citizens, having personally equal rights before 
the law of the land. So, while all men are free to 
become members of any Church or other corporation 
at their pleasure, the Churches or corporations cannot be 
allowed to raise them above their responsibility to the 
civil law. If this were allowed, social and civil order 
would become impossible. "Were one church permitted 
ihis privilege all others would find their liberty abridged; 
and if it were granted to all, society would at once be 
thrown into confusion. As to the various doctrines 
taught by the several Churches, we believe that if truth 
and error are brought face to face, truth will alway s 
prevail in the contest. "We say to all religions: " Come 
and argue peacefully your differences upon our soil. 
None of you shall force the other. None shall have any 
advantage over the rest, except the intrinsic merits of 
your own system, and of these merits the individual 
reason shall be the sole judge. So far as you teach 
morality and virtue the laws shall protect you, for they 
depend upon the public conscience for their own force 
and effect. But if, under the guise of religious doctrine, 
you disturb the peace or introduce immoral practices, 
(such as polygamy in Utah), the law will prevent your 
injuring the public, and will punish you for doing so as it 
would any others who may be guilty of similar conduct." 

Notes. — (a.) "It may justly be observed, that religious princi- 
ples, which (when genuine and pure) have an evident tendency to 
make their professors better citizens, as well as belter men, have 
(when perverted and erroneous) been usually subversive of civil 
government, and been made both the cloak and the instrument of 
every pernicious design that can be harbored in the heart of man." 
Mackstone's Com., Book IV, Ch. viii, 103, 



Lesson 13] FREEDOM OF CONSCIENCE. 139 

(b.) " Then came his disciples and said unto him, Knowest thou 
that the Pharisees were offended when they heard that saying? 

"But he answered and said: Every plant which my Heavenly 
Father hath not planted shall be rooted up. Let them alone; they be 
blind leaders of the blind; and if the blind lead the blind, both shall fall 
into the ditch." Matt, xv: 12-14. 

(c.) "Since God hath assumed to himself the power and domin- 
ion of the conscience, who alone can rightly instruct and govern it, 
therefore it is not lawful for any whosoever, by virtue of any au- 
thority or principality they bear in the government of this world, to 
force the consciences of others; and therefore all killing, banish- 
ment, imprisonment, and other such things, which are inflicted 
upon men for the alone exercise of their conscience, or difference in 
worship or opinion, proceedeth from the spirit of Cain, the mur- 
derer, and is contrary to the truth : providing always that no man, 
under the pretence of conscience, prejudice his neighbor in his life 
or estate, or do anything destructive to or inconsistent with human 
society; in which case the law is for the transgressor, and justice is 
to be administered upon all without respect of persons." Barclay's 
Apology, Prop. XIV. 

It was only in 1858 that the English Parliament struck out the 
words " upon the faith of a Christian " from the oath to be taken by 
a member of that body, so that a Jew could take his seat as a repre- 
sentative. 

" We find in history that no people who have not fairly learned to 
bear with one another can enjoy liberty. The absence of toleration 
is the stigma of absolutism ; the establishment of ' the opposition ' 
is the glory of freedom. Liberty allows variety; the tyrant, whether 
one or a multitude, calls * heretic ' at every one who thinks differ- 
ently." Letter's C. L. & S. G., 56. 

For Scripture authority inculcating free toleration and forbidding 
persecution, the student may consult: Zech. iv: 6; Matt. xxvi:52 
lb. vii: 12; lb. v: 7-9; lb. xiii: 21-30; lb. vi: 44; lb. xxiii 
33-38; John xviii: 36; lb. xiii: 34-35; I John iv: 7-8, 20-21 
Rom. xiv: 4; I Cor. xiii: 4, 6, 13. 

" Religions have considered liberty as an obstacle, not as a means. 
They have forgotten the nature of the force to which they address 
themselves, and have treated the human soul as they would a ma- 
terial force. It is in following this error that they have been led to 
range themselves on the side of power and despotism against human 
liberty, regarding it only as an adversary, and taking more pains to 



140 POLITICAL IDEAS. [Lesson U 

subdue than to secure It. * * * When the question has arisen 
of establishing a system of permanent institutions which might truly 
place liberty beyond the invasions of power, the church has generally 
ranged upon the side of despotism." GuizoVs Hist, of Civ. in Eu- 
rope, Vol. I, p. 116. 

For a long list of quotations from the ancient church fathers, 
Athanasius, Hilary, Jerome, Ambrose, Cyprian and Tertullian, bit- 
terly condemning the first persecution of heretics by the church, see 
" Barclay's Apology," written in 1675, article — " Of the power of the 
civil magistrate." This whole paper is a strong argument in favor 
of the American doctrine of freedom of conscience. It is all the 
more interesting, because written in the days when inter-sect perse- 
cution was still universal, and because its learned and earnest author 
was one of those Quakers who were then particularly obnoxious to 
the punishments of heresy. 



LESSON XIV. 

OF FREE EDUCATION BY THE STATE, NO. I. 

171. You have now obtained a sufficient insight into 
the principles of American institutions, to see that they 
are very complex. They result from the highest de- 
gree of civilization yet attained by man — from the great- 
est knowledge of history and of human nature ever 
applied to a system of Government. Yet they all rest 
upon public opinion, for they are simply what the peo- 
ple have made them, and whenever the people cease to 
respect them, they can no longer exist. 

Suppose that none of the people were able to read: could 
there be any opinion among them on such subjects as we 
have been discussing ? 

171. Are American institutions complex? Why? What do they rest upon? 
Can they exist after the people have ceased to respect them ? Suppose none of 
the people could read, could they have any opinion on such subjects ? Why not? 
What knowledge is necessary to fit a man for voting ? 



Lesson 14] FREE EDUCATION. 141 

Clearly not. To understand American ideas, one 
must know a great deal that is to be found only in books, 
or at least in the newspapers. Without being able to 
attain such knowledge by reading, no man is fit to be a 
voter. 

172. Suppose that from one whole generation of children 
all the knoivledge that the world has already attained were 
entirely withheld; what would be the result? 

From that time forward all science, art and civilization 
would disappear from among men. " In the common 
course of nature all the learned and wise and virtuous 
are swept away by death, almost as soon as they become 
learned and wise and virtuous, and they are succeeded 
by a generation who come into the world wholly devoid 
of learning and wisdom and virtue. The parents may 
have sought out the sublimest truths, but these truths 
are nothing to the children until their minds also shall 
have been raised to the power of grasping and under- 
standing them. The truths indeed are immortal, 
but the beings who may embrace them are mortal, 
and pass away, to be followed by new minds, ignorant, 
weak, erring, and tossed hither and thither on the waves 
of passion. Hence, each generation must learn all 
truth anew each for itself, and must rise to the prac- 
tice of the virtues requisite to sustain the position of 
their ancestors; and the first generation which fails 
to do this, loses all, and comes to ruin, not only for 
itself, but for its successors."* 

♦Horace Mann's Lecture on the Necessity of Education in a Republican Gov- 
ernment. 

172. What would result if all knowledge were withheld from one generation 
of children? Does knowledge survive the person who has attained it? Can 
parents bequeath their knowledge to their children ? How is knowledge to be 
perpetuated? What is the condition of each soul born into the world as to 
knowledge ? 



142 POLITICAL IDEAS. [Lesson 14 

173. How then can public opinion in favor of our system 
be perpetuated in future generations? 

Only by the universal, careful and systematic 
training of the young in all the knowledge that has 
been gained by their ancestors. 

174. Suppose they are trained in a different school from 
that of their fathers: will they be likely to approve or con- 
demn their fathers' opinions ? 

The greater number of those so trained "will believe 
their teachers and disbelieve their fathers, though now 
and then, if the teaching be false, there will appear 
some minds strong enough to seek and appreciate the 
truth, in spite of a false education. These, however, 
would generally be opposed and kept down by the 
multitude. 

175. From these considerations you must see at once 
that even were there nothing peculiar in the American 
system, all civilization must cease, unless taught to 
each successive generation. And as our institutions 
are peculiar in the fact that they depend wholly on 
public opinion, while this depends upon individual 
ability to form and express opinion, it follows that every 
individual must be more or less educated, or our 
system will cease to exist. Conversely, in propor- 
tion to the excellence and universality of this educa- 
tion will be the progress and power of our institu- 
tions, anal the peace and happiness of the people. 

176. Suppose that only a few among the people were edu- 



173 . How can public opinion be perpetuated in favor of our institutions ? 

174. If children be educated differently from their fathers, will they be likely 
to approve or condemn their fathers' opinions ? 

175. Upon what then does the continuance of our system depend? In what 
case will it cease ? In proportion to what will it progress ? 

176. If but few were educated, what would be their relation to the mass of the 
people ? Is this a republican relation ? How would inequality of knowledge af- 



Lesson 14] FBEE EDUCATION. 143 

cated, what relation would these few sustain to the ignorant 
masses ? 

The relation of teachers to their pupils, or of leaders 
to their followers. 

Is this a republican relation i 

No. Equality before the law is best attained when 
there is no great inequality in other respects. This is 
especially so as regards knowledge. Ignorance loves 
and "worships a hero; heroes are very apt to be 
ambitious, and to sacrifice constitutions, laws, and the 
rights of others on the altar of their ambition. Hence 
heroes and hero worshipers are destructive of re- 
publican equality, which does not tolerate such old- 
world idols as Alexander, Julius Csesar or Napoleon. 
And as regards the relation of pupil to teacher, no one 
needs to be reminded that the crude, half-formed ideas 
of the learner do not affect the opinion of his instructor, 
however they may influence the minds of their feEow 
pupils; while a word from the teacher will generally be 
accepted as authority by them all. So that any com- 
munity of opinion between the learned few and 
the ignorant many, can exist only so far as the 
opinion be dictated by the few and accepted by the 
many. And this is aristocracy, and not republican- 
ism. If power be conceded to the populace under these 
conditions, demagogues will always rule them to their 
destruction. 

177. What is the relation between education and crime ? 

Prison statistics, wherever they have been regularly 

feet republicanism ? Are heroes and hero worship consistent with our system ? 
Why net ? Under what condition only can there be a community of opinion be- 
tween the learned few and ignorant many ? To what does this tend? 

177. What is the relation between education and crime? Are there criminals 
everywhere ? What expense do criminals cause to the State ? What damage do 
they cause to the people ? 



144 POLITICAL IDEAS. [Lesson 14 

kept, show that a large majority of all the inmates of 
prisons come from the lowest and most ignorant classes 
of society. Now, in all communities there are more or 
less criminals. Human nature is everywhere the same, and 
no society has yet reached such perfection as to be able 
to dispense with criminal law. But when we find 
that the greater the amount of popular education 
the fewer criminals there will he, the duty of the 
Government in the matter becomes self-evident. 

You know that arresting, trying, keeping and punish- 
ing criminals are among the most important as well as 
burdensome of the duties of Government; especially 
when the principal object of that Government is " to pro- 
tect the lives, liberty and property of the people." The 
State must pay large numbers of policemen, constables 
and sheriffs, to arrest the law-breakers; must provide 
judges, lawyers and juries to try them, and jails and 
jailors to confine them; all of which cost more or less of 
the people's money in taxes. Besides which, there is 
always a larger number of criminals who evade punish- 
ment, than of those who are caught and punished, 
whereby large sums are annually lost through theft, and 
robbery, and the security of the people is continually 
endangered. 

178. Now it has been found by many years experience 
that it costs less money to ^prevent crime by so 
educating the children as to make them good citi- 
zens, than to punish them after they have become 
criminals, for want of education. As without the 
help of the Government, only a few would be educated, 
while the greatest good to the greatest number requires 

173. I>oes it cost less to educate than to punish? Why does the State under- 
take the charge of education ? What reason is given: A. On the score of popular 
intelligence? B. Equality of knowledge? C. Economy? D. Humanity? E. 
Education of public officers and good citizens ? F. The danger of class educa 
tion? 



Lesson H] FREE EDUCATION. 145 

that all should enjoy that privilege, it thus becomes 
the duty of the State to provide education for all 
children at the public expense. Understand, there- 
fore, that the reasons why the State undertakes this 
duty are : 

A. The necessity of general intelligence among 
the people, so that a healthy public opinion may always 
exist in support of the Constitutions and laws of the land. 

B. The necessity of an approximate equality of 
knowledge among all the people, so that they shall 
not be at the mercy of demagogues or tyrants, or lend 
themselves to the support of an aristocracy. 

C. Economy in the use of public funds, which 
would be wasted in heavy expenditures in capturing and 
punishing as criminals those who at less expense could 
have been educated to be good citizens. 

D. Humanity, in educating instead of punishing the 
children of those who are too poor to pay for education. 

E. The necessity of qualifying future generations 
to become public officers, intelligent jurors, honest 
witnesses, capable legislators, and self-dependent, 
useful members of society. 

F. The certainty that if education were left to 
those only whose parents appreciate, or are able to 
pay for it, it would be carried on in the interest of 
sects, of parties, or of cliques; whereby the dangers 
of future class prejudices, sectarian animosities, and con- 
sequent civil disturbances, would seriously interfere with 
the peace and progress of society. 

179. How then is the business of education conducted in 
the United States ? 

179. How is public education managed in the United States? What is the 
Bchool district ? I>oes the State or Federal Government take charge of education ? 
What is taught in the primary schools ? At whose expense ? What are the Gov- 
ernment schools called? Are the people free to patronize other schools? 
13 



146 POLITICAL IDEAS. [Lesson U 

We have already alluded (See Section 57,) to the 
School District, as the smallest political division in our 
system. In each of these, the State (not the Federal) 
Government provides for the support of a public school, 
in which reading, writing, and arithmetic are taught to 
all children between the ages of six and eighteen years, 
whose parents choose to send them. The whole ex- 
pense of this instruction is borne by the public, in 
the shape of taxes, though the manner in which the 
taxes are raised varies in different States. In no case 
is the pupil charged with any part of the cost. 
These schools are called Common, or Public schools. 
Those who prefer to send their children to private 
schools are, of course, free to do so. But the money 
paid for such schooling is not deducted from any man's 
school tax. 

180. Besides these schools for teaching the primary 
branches, others are provided by the State, especially in 
the cities and larger towns, such as Grammar schools 
and High schools, where boys are fitted for college; 
Cosmopolitan schools, where modern languages are 
taught; Evening schools for the benefit of grown per- 
sons, who have no spare daylight for study; and Nor- 
mal schools, where young persons are prepared for the 
business of teaching. Above them all comes the State 
University — at least in some of the States, as Michigan 
and California — where any person, male or female, 
may pursue the highest course of instruction necessary 



180. What school besides primary are provided by Government ? What are 
Grammar and High schools ? Cosmopolitan? Evening? Normal? What States 
maintain free Universities ? What is a University ? What distinctive principles 
are observed in all the public schools ? Is any charge made for tuition ? Are 
they open to all ? Why? Are sectarian doctrines allowed to be taught? Are 
public moneys granted to private schools? 



Lesson 15] FREE EDUCATION 147 

for professional life. Throughout all these schools, 
several distinctive principles are carefully observed. 
These are : 

A. No charge is ever made for tuition. 

B. They are open to ail corners, without distinc- 
tion. Kich and poor, black and white, members of all 
churches or of no church, male and female, all are alike 
entitled to education at the public charge. As all are 
equal before the law, so ail are treated exactly- 
alike by the law. 

C. No sectarian doctrines are allowed to be 
taught in any of them. 

D. No public money is allowed by law to be ap- 
propriated to any except the regular public schools. 



LESSON XV. 

OF FREE EDUCATION BY THE STATE, NO. U. 

181. We have stated (Sec. 167) that " among the 
duties of Government stands the obligation of pro- 
moting among the citizens the principles of personal 
morality." Eut religion and morality are best pro- 
moted by teaching them as a part of the education 
cf children. Now, the business of the Churches 
is to teach religion. Their ministers are all 
educated men. Why then would it not be better that 
ministers should have the control of all education ? 

181. Is it not better, considering that religion and morality are a necessary- 
part of education, that the public schools should be controlled by ministers ? 
What is the American mode of promoting religion among the people? If the 
State should teach the doctrines of one sect only, what would result? What if it 
teach the doctrines of all sects ? 



148 POLITICAL IDEAS. [Lesson 15 

It has already been explained (See Lesson XIII), that 
the American method of promoting religion is the indi- 
rect one of equally protecting all forms of faith and of 
giving to none any legal advantage over another. To 
teach the doctrines of any one sect at the public expense 
would, to tha x extent, unite the State to that sect, re- 
sulting in an injury to other sects, whose doctrines were 
not so taught. And to divide the school money raised 
by taxing all citizens, regardless of creed or no creed 
among the different sects, would be an union of State 
with all churches, whereby they would have a direct in- 
terest in politics, and their ministers, leaving their 
pulpits to wrangle with each other in and around 
legislatures over the division of the school money, 
would soon introduce polities into the churches, 
and the churches into polities. Furthermore, chil- 
dren educated in sectarian schools are likely to be taught 
sectarianism above all other things, for it is on their 
schools that all sects rely to a great extent for their 
own perpetuity. 

182. Now history shows it to have been a common 
thing for sectarians to be fanatical and bigoted; each 
believing that his own creed was the only one com- 
manded by God, and therefore, binding on every con- 
science, and necessarily hostile to all other creeds, which 
he often believed it his duty to exterminate if j)ossible. 
Even in this nineteenth century there are many who be- 
lieve their own church to be the only true one, and all 
others to be obnoxious to the Deity. Such devotees are 
apt to be very sensitive on the subject of their faith, 

182. What does history teach of the liability of sectarians to intolerance ? Are 
they inclined to believe themselves or others right ? Are they sensitive about 
their creed ? What do this tenacity and sensitiveness lead to ? What is the only 
preventive of this ? Why should children of different sects be educated together ? 
Must the separation of Church and State be complete ? 



Lesson 15] FBEE EDUCATION. 149 

esjDecially when their peculiar doctrines embrace matters 
not within the province of reason. This tenacity and 
sensitiveness of opinion lead to irreconcilable differences, 
and if these are uncontrolled, to bitter hatreds, persecu- 
tions, intolerance, and civil war. Hence the necessity 
of subordinating the externals of all religions to 
the law of the land, and the danger of allowing any 
portion of the rising generation to be educated to be- 
lieve that the church should control the civil govern- 
ment. Hence the necessity of educating the chil- 
dren of all sects as much together as possible, so 
that — whatever religion they may embrace — they may 
have learned in common to respect each other's 
rights under the law. For these reasons, the separa- 
tion of Church and State must be complete. There 
must be positively no point of contact between them, 
for if there were one, history proves but too clearly that 
there would soon be many. 

183. The American idea on this subject is therefore 
clear and unmistakable. "We say; Let the various 
churches teach their own children religion as they 
understand it, in their homes and in their Sunday 
schools. Let them establish private schools and semi- 
naries, where they may teach their own faith if they choose. 
All are protected in that right. Let the habits and 
manners of children attending the State schools be 
formed on the principle of the Golden Rule. Let 
honesty, sincerity, politeness, truthfulness, honor, and 
mutual respect, be inculcated by precept and example. 
These, together with the free culture of the mind, 
pave the way for purely religious teachings. But 
with the doctrines of the various sects, neither the 
Government nor the Government schools can have 

183. State the American idea fully on the relation of Church and State? 



150 POLITICAL IDEAS. [Lesson 15 

any relation whatever, without danger not only to 
the best interests of both, but to the public peace. 

184. So sensitive is the truly American mind on this 
subject, that whenever the attempt is made (as it fre- 
quently has been) to secure grants of public money for 
the benefit of particular churches and church schools, or 
to obtain for a sect the control of the public schools, it 
thrills through all the nerves of public opinion, like 
the rumors of coming pestilence, for it is felt as a 
vital assault upon the liberties of the nation. 

185. Wliy does not our law leave the business of educa- 
ting children to their parents ? Is it not unjust that persons 
who have no children should be taxed for the education of 
those of other people ? 

There are many parents too poor to pay for educating 
their children, or too ignorant themselves to feel the 
necessity for so doing, or too needy or greedy of their 
children's earnings to spare them from work long enough 
to go to school. But as the children of such parents 
would, of course, grow up ignorant and vicious, childless 
persons who have the same interest in public order and 
security as parents have, would suffer in common with 
others in life, liberty and property, from the crimes of 
such children; and would be taxed for their share of the 
expense of arresting and punishing the criminals. But 
we have already seen that education costs less than 
punishment, to say nothing of its greater humanity. 
Hence childless persons have an equal interest 

184. How are attempts to get grants of school money or the control of com- 
mon schools by a sect felt by all true Americans ? 

185. Why does not our law leave education to the parents? What would 
become of the children of poor and vicious parents if the State failed to educate 
them ? Are childless persons interested in the security of society ? Do they 
have to be taxed for the arrest and punishment of criminals ? Is education 
cheaper and more humane than punishment? Is there any injustice in taxing 
childless persons for educating other people's children? 



Lesson 15] FREE EDUCATION. 151 

with all others in public education, and there is no 
injustice in taxing all alike for the support of public 
schools. 

186. Are there not very different notions connected with 
the ivord "Education "? What is the American idea of it? 

The word " education" is derived from the Latin word 
"Educo," which means " to draw out." Used in its 
highest sense, it means the development or unfolding 
of all the powers of man, as they were implanted 
in each individual by his Maker. This of course 
tends to cultivate the individuality of each mind; that 
is, to bring out any special talent with which it was 
endowed by nature. 

To illustrate: the acorn is not a tree, but only a seed, 
which, if it be planted in a rich soil, where the rains will 
nourish and the sun warm it, will spring up and grow, 
slowly but surely, into a noble oak. No training will 
produce a pine tree out of an acorn, nor an oak tree 
from the seed of the pine. But neglect, a poor soil, or 
exposure to injury, will prevent the seed from sprouting, 
or will dwarf or destroy the growing tree. So with the 
mind. As God made it, so will it develop, each like 
each seed, after its own kind, if opportunity and 
culture are applied to it. If these be wanting, it 
■will slumber on, as unproductive as the seed sown 
upon the rock. If these be misapplied, it will be dis- 
torted or destroyed; and that instruction is misapplied 
which would treat all minds alike, or seek to change the 
laws which Creation has impressed upon each mental 
organism. 

187. The true, that is, the American idea of education, 

186. What is the word education derived from? What does it mean when 
used in its highest sense ? Give in your own language the illustration from the 
acorn ? 

187- State the American idea of education? 



152 POLITICAL IDEA3, [Lesson 15 

seeks the development of each individual, the cul- 
tivation of all his powers and the suppression of 
evil in him. It seeks the good, the beautiful, the 
true. It aims to make each man independent, intelli- 
gent, self-reliant, just, practical, capable of examin- 
ing both sides of all questions before pronouncing 
judgment, familiar with human nature and its short 
comings, upright, honorable, merciful, thoughtful, 
and kindly disposed to all other men. It seeks to 
qualify all men to form, hold and express opinions, 
while it especially inculcates respect for the opin- 
ions and rights of others. It seeks to promote uni- 
versal common sense, to make freemen — free above 
all things in mind, without which there can be no other 
freedom; to make men law-abiding, tenacious of 
rights, opposed to wrongs, progressive, energetic, 
faithful to trusts, and ambitious of a good name. 
Such is the ideal character of the American citizen. 
Such the expression of the American idea of education. 

188. To the question, "Are there not very different 
notions connected with the word Education?" we reply- 
that there are those who would treat all minds alike, in 
cramming the memory with the dead precedents of anti- 
quity, while they bow the reason to the dust in abject 
submission to authority. To such teachers of despotism, 
learning is to be gathered solely from the writings and 
sayings of a certain school of men. Progress is for- 
bidden, for the mind is fettered in its search for 
truth among the -works of the Creator. In such 
schools, those arts and accomplishments may be taught 
that stir not the reason which is latent in every mind; 
but the "development" the American seeks is not 

188. State the despotic notion of education? Is a man trained under this 
notion fit to be a voter ? 



Lesson 15] FREE EDUCATION. 153 

for their pupils. For them the flaming sword of au- 
thority, like the angel's at the gate of Eden, guards every 
approach of freedom of inquiry. " Thus far shalt thou 
go and no farther," greets their eyes at every turn. 
Such " training" (for it is not education in the Ameri- 
can sense) characterized the despotisms of the mid- 
dle ages, and prevents the Chinese mandarin from 
being guilty of the impiety of knowing more than 
his fathers. It tends to destroy the spirit of lib- 
erty, and restore despotic authority whenever and 
wherever it may prevail. The American idea of 
education has filled the patent office with more 
than 100,000 new inventions in a third of a cen- 
tury. The other is incapable of progress, for it can at 
the best only repeat itself. No man who has merely 
been trained to accept another's opinion, and not 
educated to form his own, is fit to be entrusted 
with the ballot. 

Notes — "With us the qualification of voters is as important as 
the qualification of Governors, and even comes first in the natural 
order . The theory of our Government is — not that all men, hoicever unfit, 
shall be voters — but that every man, by the power of reason and the sense 
of duty, shall become fit to be a voter.* * * Education must prepare 
our citizens to become municipal officers, intelligent jurors, honest 
witnesses, legislators or competent judges of legislation — in fine, to 
fill all the manifold relations of life. For this end it must be uni- 
versal. The whole land must be watered with the streams of knowl- 
edge. Ii is not enough to have, here and there, a beautiful fountain, 
playing in palace gardens; but let it come, like the abundant fatness of the 
clouds upon the thirsting earth." — Horace Mann: Lecture on Common 
School Education, p. 84. 

" Germany, with most of the other continental countries, England, 
and the United States, present three different methods of adminis- 
tering the national elementary education. The Prussian educational 
system is purely Governmental, emanating solely from a minister of 
instruction immediately dependent on the crown. The universities, 



151 POLITICAL IDEAS [Lesson 15 

the gymnasia and the primary schools are all under laws and regu-. 
lations, which proceed respectively from the crown, from the 
provincial government, and from the communes (villages) . Every 
child in the kingdom is obliged, under pains and penalties, to attend 
school at least from the age of seven to that of fourteen, and the 
result is that the Prussian people are efficiently educated throughout 
the entire community, and that the universities send forth a large 
body of highly educated men. The national education of all the 
German States closely resembles that of Prussia. The universities, 
colleges and primary schools of France are in like manner established 
and directed by Governmental authority. Permission is, however, 
given to any teacher, under certain conditions, to open a private 
school; and denominational schools may be registered on the 
Government list of educational institutions. But in England, no 
schools (except those" connected with pauper, naval, military, and 
penal establishments) are initiated by the civil government, or to 
any considerable extent managed by it. The education of the peo- 
ple is under the care of the established church and of the other 
religious organizations, and the Government comes to their aid by 
bestowing grants on certain conditions when its assistance is re- 
quired. The system is entirely different in the United States, where, 
though the State Governments take the initiative, they only go so far 
as to ordain that schools of a certain character must exist among a 
given population. All the questions concerning the buildings, 
teachers, and methods of instruction, are determined by the people 
in their capacity of free citizens. The Government provides for 
education, but leaves to the people the duty of accomplishing the 
provision. Consequently, there is much diversity in the educational 
condition of different parts of the country, the school system being 
generally most complete in the most compactly settled States, 
especially those of New Engand." — American Encyclopedia, Art. 
Education. 



lesson ic j MAJORITY GOVERNMENT. 155 

v 

LESSON XYI. 

OF THE GOVERNMENT OF THE MAJORITY. 

189. If any number of people attempt to live peacea- 
bly together, they can do so only in one of two ways: 
Either one must govern and the rest obey, which is 
monarchy, or they must agree among themselves that 
each shall be free to do whatever he pleases, so long as 
in doing so he does not prevent others from doing the 
same, which is republicanism. Now if all men were 
virtuous, and inclined to do to their neighbors only what they 
desire their neighbors to do to them, would such things as 
government and law be necessary ? 

Clearly not, for the principal object of these is to 
protect the lives, liberty, property and happiness of the 
citizens, by the prevention and punishment of crime, 
which would not exist if all men were perfect. 

190. It follows then that if law and government must 
exist, and must be based, as the American idea requires, 
upon the consent of the people, that there must be some 
mode agreed on, to decide between the different 
opinions that are certain to be advanced by different 
portions of the people as to the details of that law 
and government. If there is to be no submission of 
many to one, as under the monarchical form, then the 
people must be unanimous, or else it must be agreed 
that either the majority or the minority are to have 
their will over the rest. 



189. Would government or law be necessary if all men were virtuous? Why 
not? 

190. If they must exist, is it necessary that common consent should indicate 
whether the majority or minority shall rule? If all submit to one, what form of 
government results ? If the many submit to the few, what ? 



156 POLITICAL IDEAS. [Lesson 16 

191. Suppose- the "minority were to ride, what would be 
the result f 

An aristocratic or oligarchic form of government, 
under which the few rule the many, and soon acquire 
such wealth and power, hereditary or otherwise, that 
they become able to override the liberties of the masses? 

192. You see, then, that if one governs while the 
rest obey, we have a monarchy ; if a few rule the 
many, we have an aristocracy. A republic, there- 
fore, is possible only where the many rule the few. 
Hence, throughout the whole American system, whether 
in elections by the people, or in public meetings, or in 
the acts of associations or of legislative bodies, every 
question put to vote is decided in favor of the ma- 
jority of the votes east. This, in fact, is the only 
manner in which it can be ascertained what public opin- 
ion is. We learn this all-important fact by counting the 
individual opinions as expressed by the ballot. And 
when the majority have carried an election, the 
minority have to submit to the result, 

193. To ivhat extent must the minority submit ? 

Only so far as to allow the men elected by the 
majority to take peaceable possession of their of- 
fices, or the measures carried by the election to 
take the form of law, without further opposition 
on their part. If Democrats elect their man for Gov- 
ernor, the Republicans must respect him as Governor. 
If Republicans elect a majority to the Legislature, the 
laws that Legislature passes are binding on Democrats. 

191. What would follow if the minority ruled? 

192. Why does the majority rule in the United States? To vhat does the rule 
of the majority extend? What is the object of a popular election? What must 
the minority do when they have lost an election? 

193. How far must the minority submit? Are public officers, elected by a 
majority, the servants of the lohole people ? Should an officer discriminate be- 
tween party friends and foes, of what would he be guilty ? 



Lesson 16] MAJORITY GOVERXMEXT. 157 

The theory is, that whoever is elected to office by 
any party becomes at once the officer of the whole 
people, regardless of party. Should he attempt to 
discriminate between party friends and foes, in his ad- 
ministration of the government (except in the appoint- 
ment of his political friends to office), such conduct 
would at once render him liable to impeachment, for it 
would be a violation of his oath of office.* 

194. And here it is necessary to be'ar in mind two 
principles: 

A. All the rights of the minority, as citizens, are 
guaranteed by the Constitution and laws, and are 
just as complete after the minority have been de- 
feated at an election as they were before. 

The least attempt on the part of the majority to inter- 
fere with those rights would at once be repressed by the 
Courts, or, if necessary, by the whole civil and military 
force of the State or Nation, or both. If the majority 
were to undertake to disregard the civil power, or resist 
the national forces, then they would be guilty of treason. 
In fact, the great benefit of a Constitution and its 
main object are to protect the minority from the 
oppressive and arbitrary action of the majority: to 
check popular action under temporary excitement, until 
passion can subside and reason regain its supremacy. 

B. The minority must quietly submit to the 
majority on those points decided by the election. 
If they resist by force, they become guilty of treason. 

*See Sec. 109. 



194. Are the rights of the minority under the Constitution and laws affected 
by a defeat at an election ? What would result if the majority should attempt to 
interfere with those rights? If the minority resist the majority by force, of 
what are they guilty ? 



158 POLITICAL IDEAS. [Lesson 16 

195. But suppose an election has been unfairly or illegally 
conducted, have the minority no remedy f 

Certainly. The laws regulating elections are very full 
and exact in every State. They prescribe who may vote, 
and how voters shall be registered, so that persons not 
qualified attempting to vote may be detected and pun- 
ished. They provide sworn officers to receive and count 
the votes; and for a recount by other officers, in case the 
votes are claimed to have been incorrectly counted. In 
elections of members of any legislative body, each house, 
being the judge of the qualifications of its own members, 
examines and decides all questions touching contested 
elections of such members. If anything can be proven 
illegal or fraudulent in any election, all necessary means 
for the relief of parties injured thereby are thus provided 
by law. Such cases are of frequent occurrence, and can 
always be peaceably and fairly settled. 

196. But suppose party spirit runs high, and the ques- 
tions at issue have produced keen excitement among the peo- 
ple, so that the minority feel chagrined and aggrieved by 
their defeat. Have they then no remedy ? 

Their only remedy in such ease is an appeal to 
public opinion. They may talk, write and publish as 
much as they please, for the purpose of strengthening 
their party for the next election, which is sure to occur 
in one, two or four years, during which period the hope 
of Winning the victory next time goes far to soften 
the hardship of defeat. But anything moie than 
agitation is entirely inadmissible. Otherwise, the 

195. What remedy have the minority if an election be gained by fraud, or 
illegally. 

196. Suppose party spirit runs very high, and the minority feel aggrieved by 
their defeat, have they no remedy? If so, what ? What would result if they had 
the right of resistance" ? What has Resulted from the armed resistance of minori- 
ties in Mexico and Peru? 



Lesson 161 MAJORITY GOVERNMENT 159 

whole fabric of government would be revolutionized or 
overthrown on the occasion of every election. 

If a rebellion is to follow one defeat at the polls, it 
must be allowed to all; and then instead of the beauti- 
ful order and system of our laws, universal anarchy and 
civil war would continually desolate the land.* 

197. Is not the poiver of the majority in the United States 
so unlimited as to be liable to abuse f 

This depends upon several conditions: 

A. So long as it is exercised wholly within the 
limits prescribed by law, as by voting legally at regu- 
lar elections, it can produce no injury to the rights 
of the minority. This power would be an intolerable 
despotism, worse than monarchy, were it not for the 
Constitutional limitations which protect the minority. 
This pre-eminent virtue in Constitutional Govern- 
ments cannot be too strongly impressed upon the 
minds of the people. 

B. When it is exercised outside the law, as by 
mobs, vigilance committees, and lynching parties, it 
becomes wholly irresponsible and tyrannical. But 
the law-abiding disposition of the people generally dis- 
courages this class of movements, which, though they 
have frequently occurred in the frontier settlements, 

*In Mexico and Peru, ever since they became republics (so called) nearly every 
election of importance has been followed by armed rebellion or revolution, ori- 
ginated by the party defeated at the polls. Thus the unwillingness of minorities 
to submit peaceably to the majority has almost wholly destroyed the protection 
which Government ought to afford to life, liberty and property in those countries. 
The Spanish-American republics have copied the forms of our institutions, out 
their people have never understood American ideas, nor will they ever have the op- 
portunity to do so until they have first thoroughly separated the Church from the 
State and established free education by the State. 

197. How far is the power of the majority liable to abuse? Is it so liable 
when legally exercised? How in the case of mobs, vigilance committees, and 
lynching parties? Are these destructive of institutional government? How 
arA majorities checked by public opinion? 



160 POLITICAL IDEAS, [Lesson 17 

are the exception, not the rule, of Amenoan conduct. 
These movements are destructive of institutional 
government. All right-minded citizens will bend their 
efforts, if need be, to improve defective administration 
of the laws by means clearly within the Constitution, 
But they -will not set the ship of State on fire for 
the sake of destroying rats and cockroaches. 

C. Majorities in the United States may and do exist 
on such a variety of subjects, and with reference to so 
many different districts — while they are so liable to 
change from time to time, that the use made of their 
power is always moderate. In fact, of late years their 
power has been almost wholly confined to the ap- 
pointment of their partisans to office. All party 
leaders know and feel that any abuse of power 
would recoil upon them at the next election, and 
probably put them into the minority in their turn. 
American majorities are therefore very fearful of 
public opinion, and this is generally ± sufficient 
check upon them. 



LESSON XVII. 

OF THE BALLOT, 

198. Three great advantages which a Republican form 
of government possesses over the Monarchical are these : 

The Republic is constructed solely to benefit the 
people; the Monarchy, to benefit the governing 

198. Whst is the object of the Republican form of G-overnment ? Of the 
Monarchical form ? Can a distinct ruling class be formed in a Republic ? Why 
not ? Can such a class be formed under a Monarchy ? Who constitute such class ? 
How do they perpetuate their power ? 



Lesson 17] OF THE BALLOT 161 

class at the expense of the people. Hence, in the 
RejDublic, whose public officers are continually changing, 
no ruling class distinct from the people can be 
formed; but in the Monarchy, not only the Kings, the 
nobles, and the established Church, but all the sub- 
ordinate officers, become banded together as a ruling 
or governing class, the higher officers bequeathing 
their power, with their titles and wealth, to their chil- 
dren, whether the latter be fit to exercise such power or 
not. 

199. In the Republic, power is divided among the 
different departments of the Qovemrnent. The Leg- 
islature may pass a bad law, but it cannot enforce it. 
However much the Executive may desire to change the 
laws, he can only enforce those the Legislature makes. 
The Judiciary can only administer the laws as it finds 
them. But in an Absolute Monarchy the King 
makes, executes and administers the laws to suit 
h imself. Consequently his power is unchecked, 
and usually goes on increasing until the people re- 
volt, and recover back some portion of their liberty 
by force. This tendency to augment royal power 
exists even in Constitutional Monarchies* This was dis- 
played several times in the history of England, and has 
been manifested in almost every European Kingdom. 

200. Though under a wise and good King, Mon- 
archy may be exercised solely for the good of the 

199. Is power divided under the Republican form? How ? Under the Mon- 
archical form ? What results from the concentration of power ? How does this 
end? 

200. May not the people be happy under a wise and good King ? What guar- 
anteee have they for the continuation of such happiness ? How do they know 
what they are to expect from tshe son of a good King? How are they to help 
themselves if he proves to be a tyrant? Wherein lies the crowning advantage 
of the Republic over Monarchy? Whose fault is it if a bad man be elected 
to office? 



162 POLITICAL IDEAS. [Lesson 17 

people, the disposition of the King is the only guar- 
antee for good government. A good King dies, his son 
succeeds. "Who knows, until his reign has begun, that he 
will imitate his father's virtues ? And if he does not — if 
he be vicious and cruel, like Nero and Caligula ; warlike, 
like Charles XII of Sweden ; effeminate, like Heliogaba- 
lus or Louis XIII of France ; haughty and overbearing, 
like Henry VIII and Elizabeth of England, how are the 
people to help themselves, except by revolution, whose 
issue may prove that "it were better to bear the ills 
they have, than fly to others they know not of M ? 

Novvthe great advantage the Republic offers over Mon- 
archy is in this: that while the powers granted to each 
public officer are so limited that his hands are tied for 
evil, and his term of office is too short to allow the neces- 
sary time in which to organize conspiracies against the 
public good, he is also liable to be replaced by a better 
man; perhaps appointed to fill the vacancy occasioned 
by his own impeachment, certainly at the, close of his 
term of office. And herein lies the crowning glory of 
our system. We have the whole community from 
which to select our office-holders. Consequently 
it must always be the fault of the people them* 
selves if any but the "best men are selected foi 
office. 

201. It is the privilege of every voter to eocpress his indi- 
vidual preference in the election of public officers, and hk 
private views as a contribution to public opinion, by meant 
of the ballot. This privilege is called the "Bight of Suf- 
frage." What is a ballot? 

The ballot is a piece of paper on which are written oi 
printed the names of the persons and offices respectively 

201. What is the right of suffrage ? What is a ballot ? Describe it ? 



Lesson 17] OF TEE BALLOT. 163 

for whom the citizen wishes to vote, and his " yes " or 
"no" respecting the proposition on which public opin- 
ion is to be taken. This paper is folded so that no one 
except the voter can know how he votes. A ballot used 
at an election for officers is printed as follows : 

For Governor JOHN JONES 

For Lieutenant-Governor 3 ; HENRY WINKLE 

For Treasurer JOHN HALIFAX 

For Secretary of State.. HIRAM OLIVER 

For Superintendent of Public Instruction H. B. DAWSON 

CHARLES S. CAPP 
LORING PICKERING 

For Members of Assembly - _. . . <J D. C. M'RUER 

JOHN H. HITTELL 
ZENAS CROWELL 

And for all the other officers to be chosen, the name of 
the person and the title of the office for which he is a 
candidate must be distinctly printed or written. 

If there be a measure submitted to the electors, the 
proposition must be written or printed upon the ballot, 
after which must appear the word "yes" or "no." 

202. How is an election conducted ? 

At the time fixed in the Constitution or law for the 
holding of the election, polling places are fitted up by 
the proper officers, one or more in each school district, 
town, or city ward, where they will be easy of access to 
the respective voters in such " precincts," as they are 
called. The officers presiding at an election are gener- 
ally an inspector, two judges of election, and the neces- 



202. Describe the mode of conducting an election? What are election " pre- 
cincts"? What officers preside at elections? Describe the baUot-box? How 
are the ballots presented and deposited ? How many ballots can each citizen 
vote ? Suppose he votes more than once at the same election ? When are the 
ballots counted ? By whom ? To whom does the county clerk issue certificates 
of election ? When is a measure declared to be carried ? 



164 . POLITICAL IDEAS. [Lesson 17 

sary clerks. The polls are open at sunrise or at eight 
o'clock in the morning, and kept open till sunset. A 
closed box called a " ballot-box " is provided, generally 
made partly of glass, so that the people can see its con- 
tents. A small hole is left in the top of the box. As 
each voter presents his folded ballot, it is taken by the 
inspector and at once dropped into the box. Each voter 
is entitled to but one ballot, and if detected voting more 
than one, or more than once at the same election, he is 
liable to punishment. 

After all the ballots have been deposited, they are 
carefully counted by the three officers and recorded by 
the clerks, and to those candidates -who have re- 
ceived the highest number of votes cast the county 
clerk issues his certificate of election. And the measure 
voted upon is declared " carried," if more than half the 
ballots thrown are found to be in favor of it. Otherwise 
it is "lost." 

203. What is the advantage in voting by ballot, rather 
than by other methods ? 

The principal advantage of the ballot is in its se- 
crecy. Every citizen has the right of free opinion. 
This would be of no use to him unless he were also 
protected in the free expression of opinion. Now, as 
there is no escape from the result of the ballot, can- 
didates and their friends are wholly dependent for 
their success on the votes of the majority. If it 
could be known for whom any citizen cast his vote, the 
disappointed candidates might afterwards injure him; 
and for fear of such injury many citizens occupying 
dependent positions in society might be induced to 

203. What is the advantage of voting by ballot ? Why is secrecy desirable? 
What would result if every man's vote were known ? What is the English mode 
of voting? 



Lesson 17] of THE BALLOT. <■• 165 

vote contrary to their own wishes. For instance: a 
wealthy manufacturer or contractor might say to the 
hundreds of citizens in his employment, M Vote for my 
friends, or I wil] discharge you from my works." Now 
if Americans were to vote as the English do, viva voce, 
that is by speaking the names of the persons voted for, 
the employer could note each man's vote, and could dis- 
charge those who voted against his interest. (The viva 
voce method of voting was kept up in England apparently 
to enable the nobility to control tne votes of their tenants; 
hence the long-continued opposition of the House of 
Lords to the recent introduction of the ballot in that 
country.) But as the ballot is secret, no man knows 
how- another votes, and thus the free choice of the 
individual is protected. Even the employes of the 
Government may vote against the administration; no 
one can call them to account for what cannot be proved. a 

204. Is all voting in the United States done by ballot ? 

All voting by the people at elections in the 
Northern and Western States is required by law 
to be done by ballot. But in the State Legislatures, 
and in Congress, all voting is by " Yeas and Nays." 
That is, each member speaks his vote aloud, so that it 
may be heard by all present, and recorded by the clerk. 
The reason of this is, that legislators are the servants 
of the people, to whom they are responsible for all 
their public actions. But the people would not know 
whether to approve or condemn their acts, unless it were 
known exactly what they have done. The legislator is 
judged by his record, and this is found in the books of 
the clerk of the House of which he is a member, and is 



204. Is all voting done by ballot ? How is it in the Legislatures ? In Con- 
gress ? Why is publicity necessary as regards the votes of public servants ? 



166 POLITICAL IDEAS. [Lesson 17 

also published in the newspapers from day to day. Pub- 
licity here is as essential as secrecy is in elections by the 
people. 

205. How is voting managed at public meetings, and at 
those of associations and corporations? 

The presiding officer after stating the motion calls out, 
" All in favor of this motion will signify it by saying Aye." 
Contrary minded will say "No." He judges by the 
sound whether the Ayes or Noes are most numerous. 
But sometimes they are lo nearly equal that he is doubt- 
ful. A "division " is then ordered. Sometimes this is 
effected by his calling out " all in favor of the motion 
will hold up their right hands." These being counted, 
the same request to all opposed to do likewise settles the 
question. Or the two sides rise and go to the opposite 
sides of the room, where they remain until counted. 

But at meetings of politic 1 conventions called 
for the purpose of making nominations for office, 
the choice of candidates is generally effected by 
ballot. So also at elections of officers by societies 
and corporations, 

Note. — (a) The writer is, of course aware of the many devices re- 
sorted to by political parties, in so marking the backs of tickets with 
colors, vignettes, etc, that their challengers at the polls may know 
the political complexion of every voter. But this practice, though 
efficient for the purposes of party drill, is subversive of the American 
idea of the secrecy of the ballot. Probably none of the many inven- 
tions of that numerous class who are ever seeking to bend the popu- 
lar will to their own private advantage, has done more injury to our 
institutions than this, whereby the party whip has been most 
effectively applied to the backs of thousands, who otherwise might 
have voted for the best men, regardless of party; that is, as free 
citizens, rather than party slaves. The new California Code, has 

205. How is voting managed at public meetings, and at meetings of associa- 
tions, corporations, etc? Describe a "division" at such meetings? How is 
voting conducted at conventions, and meetings held for electing officers? 



Lesson 18] UNIVERSAL SUFFRAGE. 1C7 

(1872) thrown such restrictions about the ballot, as to render it impos- 
sible for any one save the voter, to know for whom he has voted. It is 
time that the law everywhere forbade all infringements upon tho 
primordial right of a "free ballot.' ' 



LESSON XVIII. 

OF UNIVEKSAL S*TKAGE. 

206. What is the meaning of the term " Universal Suf- 
frage ? 

It means that all qualified, male citizens shall 
have the right to one vote eaeh„ without regard to 
their birth, their wealth, religion, attainments, or 
position in society. It is a term not strictly accurate, 
because the privilege of voting is far from being univer- 
sal. Thus women, children, convicts, insane persons, 
foreign-born men who have not become naturalized, and 
citizens of other States who have not " acquired a resi- 
dence," are not entitled to vote in any State. But the 
term " Universal Suffrage" has been adopted in Amer- 
ica, in opposition to the " limited" or " qualified" suf- 
frage of England, which allows only those persons 
who have a clear income of a certain sum per year 
to vote at elections. 

207. Why are not the several classes of people mentioned 
in the last section allowed to vote f 

Women are excluded for the reasons given in Sec. 



206. Define the term " Universal Suffrage " as used in the United States? Is 
the term an accurate one ? Who are not allowed to vote ? Why has the term 
° universal," as applied to suffrage, been adopted in America ? Define " limited " 
or " qualified " suffrage ? 

207* Why are women not allowed to vote? Children? Convicts? Disane 
persons ? Foreigners ? Citizens of other States ? 



168 POLITICAL IDEAS. [Lessor 18 

104, and also because, according to the views hitherto 
prevailing, their natural sphere is the family, where the 
domestic occupations of the home and of society should 
exclusively occupy them. These occupations cannot be 
laid aside, in order that women should concern them- 
selves in public matters, without great injury to their 
more important duties. 

Children are excluded, because they cannot have suffi- 
cient knowledge, to take part in the government of the 
country. 

Convicts are excluded, as those who break the laws 
are not fit to have any voice in making them. All per- 
sons convicted of felonies, that is, crimes whose punish- 
ment is confinement in the State Prison, are deprived of 
their votes forever after, unless pardoned by the Gov- 
ernor before the expiration of the terms of their respect- 
ive sentences. 

Insane persons are of course unfit to have or exercise 
the right of suffrage. 

Foreigners cannot be expected to understand our 
complex system of government, or to have any interest 
in the result of an election. If they desire to become 
citizens, they can easily do so by complying with the 
law. If not, their votes might be cast in the interest of 
a foreign nation. 

And citizens of other States, having the right of suf- 
frage at their own homes, cannot enjoy this right in two 
places at once. 

208. Considering that a large part of legislation consists 
in making laws about property, and in levying taxes, why is 

208. Why is not the English plan of requiring voters to own property better 
than the American plan? Which is the most important; life, liberty, or prop- 
erty ? Have the poor any interest in questions of mere property ? Have they in 
life and liberty ? Which are the most numerous class everywhere, the rich or 
the poor? 



twmm is ] UNI VERSAL S UFFBAGE. : . 1G0 

not the English property qualification of' voters better than 
ours ? 

Because another and more important portion of 
law-making, and a large proportion of the duties of 
the executive and judiciary, (who are often elective 
in the United States, but not in Great Britain) relate to 
the protection of life and liberty, in which all are 
alike concerned, whether rich or poor; while those 
laws relating to property only do not concern t<he 
poorer classes. Also, because no one can he voted 
for unless he he himself a citizen and entitled to 
vote. Now, it often happens that well educated men 
are poor, so that if none except men of property were 
allowed to vote, some of the best minds in the country 
would be denied any voice in the administration of the 
Government. 

209. Who then are entitled to vote in the Untied States ? 

A. Every man, white or black, born in the United 
States, who is at least twenty-one years old, and 
has resided six months* or more in the State, and thirty 
days or more previous to the election in the county or 
precinct where he claims to vote. But Indians not 
taxed are excluded from the ballot. 

B. All foreign-born men at least twenty-one 
years old, who have become naturalized citizens of 
the United States. And this any foreigner may do by 
a residence of five years, provided that at least two years 
before his application for admission as a citizen he shall 
have declared upon oath, before a court, that he intends 
to become an American citizen; and at the expiration of 
the five years he swears to support the Constitution of 

* In some States, twelve months' residence is required. 

209. Who are entitled to vote in the United States ? Name the four classes ? 
15 



170 POLITICAL IDEAS. [Lesson 18 

the United States, and to renounce all allegiance to 
every foreign prince or State. 

C. Sons of persons duly naturalized, who were 
under twenty-one years of age at the time their 
fathers Were naturalized, are, if living in the United 
States, allowed to vote as citizens after they have be- 
come of age. 

D. Foreign-born sons of American citizens, who 
have returned to the United States, without having 
become citizens or subjects of any foreign State. 

210. Are the laws relating to citizenship State or federal 
laivs ? 

All laws relating to citizenship and elections are 
enacted by the several States. But the conditions 
of naturalization are regulated by Congress under Arti- 
cle I, Section 8, Clause 4 of the Federal Constitution, 
which gives to Congress the exclusive power "to estab- 
lish an uniform rule of naturalization." And in 1865, 
the Fourteenth Amendment to the Federal Constitution 
was adopted, whereby the number of representatives in 
Congress of a State denying the right of suffrage to any 
class of its male citizens (except in punishment of crime) 
is abridged in proportion to the number of citizens so 
debarred from voting.. 

211. What is the meaning of the phrases, ' • ballot-box 
stuffing/' (e voting early and often/ 3 "repeating " and 
" colonizing " which we hear so often about election time? 

It is carefully jDrovided by law in all the States, that 
each citizen shall vote but once at each election, and 

210. Are the laws relating to citizenship State or Federal laws? How about 
naturalization laws? What does the Fourteenth Amendment provide on this 
subject? 

211. What is the meaning of the phrase "ballot-box stuffing?" "Voting 
early and often ?" "Repeating?" "Colonizing?" Are such acts criminal ? What 
will result when the people are deprived of the freedom of elections through fraud 
or otherwise ? A 



Lesson 18] UNIVERSAL SUFFRAGE. 171 

that the ballots shall be correctly counted just as they 
were deposited by the voters. But as bad men will al- 
ways show their contempt for the law, and for the liber- 
ties of others, whenever they think they can do it safely, 
so several varieties of fraud have been invented by dis- 
honest politicians, to secure the election of their friends 
in spite of the wishes of the honest voters. Thus 
"stuffing" is the corrupt and fraudulent insertion of a 
large number of ballots into the ballot-box, before the 
ballots are counted. 

" Voting early and often," and "repeating" (which 
are the same thing), are the acts of such persons as 
vote more than once at the same or different polls, dur- 
ing the same election. 

" Colonizing " is the procuring of a number of 
citizens, whose real residence is outside of an election 
precinct, to take temporary lodgings within it, so as to 
control the choice of its voters in their own affairs. 

All these, as well as every other device to prevent the 
fair expression of public opinion at the ballot box, are 
crimes tending directly to the destruction of our 
form of government. As such they are forbidden, 
and severely punished by law. Our system cannot 
tolerate any interference -whatever with the free- 
dom of the ballot. When the masses of the people 
are by such means deprived of this, the great palladium 
of our liberties, the time will not be far distant when 
tyranny in its -worst form, because devised and 
established by the worst of men, will overthrow 
the entire fabric of American institutions. 

NATURALIZATION. 

212. How does it happen that foreigners are allowed to 
become citizens of the United States ? 

2X1. Who settled America/ originally ? Did any foreigners assist the Americans 
in the Revolutionary War ? Why ? What made them, equally with native born 



172 ' POLITICAL IDEAS. [Lesson 18 

America was originally settled from Europe. Even at 
the period of the Revolution, many of those who fought 
on the American side were natives of various European 
countries, who, like the immediate ancestors of the na- 
tive-born Americans at that time, came to this country 
to secure the enjoyment of liberty. Common opinions 
made these foreigners, equally with the natives, 
the champions of freedom. The same community 
of opinion will produce the same result till the end 
of time. (See Lecture 5, post). Hence it has always been 
the American idea that if a foreign-born resident be 
sincerely attached to the principles of the Constitu- 
tion of the United States, he has a right to become 
a citizen without regard to his place of birth. 

213. A great want in America has always been popu- 
lation. It has therefore been deemed advisable to 
stimulate immigration from Europe by all the means in 
our power, inclusive of the offer of equal political 
privileges to immigrants. By these and other inducements 
millions of people have been enticed away from the 
poverty and oppression of Europe to become free and 
prosperous members of our commonwealth. And to 
this immigration is due a large proportion of the won- 
derful growth of the United States. 

214. What new idea has resulted from the large immi- 



Americans, the champions of freedom ? What will produce the same result till 
the end of time? What is the American idea on the subject of admitting 
foreigners to citizenship ? 

213. What great want has always existed in America? How was it remedied? 
What has resulted from the inducements offered to immigrants ? Were political 
rights among these inducements ? Is the growth of the United States in any 
degree the consequence of immigration ? 

214. What was the old European notion as to allegiance? Why was this doc- 
trine universally accepted? What inconveniences were occasioned by it to 
American naturalized citizens? Have any European G-overnments changed 
their views on this subject ? Which of them, and when ? 

• 



lesson 13] UNIVERSAL SUFFRAGE. 173 

gration of Europeans into the United States on the subject 
^of change of allegiance ? 

The old European doctrine was that Kings have 
a divine and inalienable right to the obedience of 
all persons born within their dominions. " Once a 
subject always a subject," was for centuries an English 
maxim. Of course, under this view no man's personal 
wishes could be consulted as to his nationality any more 
than as to his color, his language or his race. To the 
Prince under whom he was born was his allegiance due 
through life, regardless of his inclination or of his 
residence in a foreign land. Among peoples who were 
constantly at war with each other, and whose men were 
always wanted for soldiers, while the restrictions upon 
communication and commerce prevented all but a very 
few from seeking a foreign residence, this doctrine long 
held undisputed sway. But with the rise of the 
United States the question of naturalization and 
allegiance assumed an importance previously un- 
thought of. The Germans and Irish crossed the At- 
lantic by the million, sought admission to American 
citizenship, became thus subject to military duty in 
their adopted country, and yet were liable to be treated 
as traitors if captured in arms against the country in 
which they were born. They were besides held liable to 
the various obligations of subjects in case of a visit to 
their native land. It is only very recently that Germany 
and Great Britain have been induced to yield their time- 
honored prejudice on this subject* to the American idea, 
which is — 



*Germany first recognized the right of expatriation of her subjects by treaty 
with the United States in 1867. Great Britain foUowed her example in 1871. 



174 POLITICAL IDEAS. [Lesson 18 

215. That every man has the natural right to emigrate 
from his native country, and to transfer his allegiance to 
any other * 

The right of emigration is consequent upon the right 
of free communication. (See Lesson 10.) 

Government by and for the people would be im- 
perfect if any class of the people, such as resident 
foreigners, were permanently excluded from all 
voice in its management. As the power of no nation 
can be extended so far as to protect all the rights of its 
subjects who reside within the territory of another 
nation, such subjects would lose the benefit of all Gov- 
ernment unless they were protected by that of the coun- 
try where they reside. But on our theor^ , those -who 
are protected are those who constitute the sover- 
eign power. Hence the doctrine of equal rights to 
all the people compels the admission to citizenship 
of all foreigners who desire it, and who comply 
with the laws enabling them to identify them- 
selves with our people. 

216. Moreover, the existence among us of large 
bodies of people having rio interest in the Govern- 
ment -would naturally breed discontent and insub- 
ordination among them, thus converting them into a 
dangerous and turbulent element* especially in case of a 

*See Constitution of Indiana, Art. 1, Sec. 36; Kentucky, XII, 29; Vermont, I, 
19. 



215. State the American idea ? What other American idea is the right of emi- 
gration consequent upon? Would G-overnment by and for the people he perfect 
if any class were permanently excluded from its management? In what case 
would unnaturalized foreigners be without the benefits of government ? Why 
does our system compel the admission of foreigners to citizenship. 

216. WTaat would be the result if large bodies of residents had no interest in 
the Government ? How would this affect the United States in case of war ? How 
is this cause of disturbance avoided ? 



Lesson IS 1 ] 



UNIVERSAL SUFFRAGE. 



175 



war between the United States and the country they 
came from. This is avoided by the transfer of their 
allegiance to the United States. 



Notes. — (a)To illustrate how small a proportion of the whole popu- 
lation really exercises the franchise, the following table, showing the 
white population of the whole United States compared with the 
number of votes cast at several of the Presidential elections, will 
prove interesting : 









Per cent of 


Years. 


vvnite .Population. 


Votes Cast. 


Votes to Pop. 


1828 


10,53.?,378 


1,160,418 


11 


1832 


11,169,616 


1,290,468 


n% 


1836 


12,117,968 


1,501,298 


12 


1840 


14,189,895 


2,402,659 


17 


1844 


15,^89,287 


2,702,546 


17 


1848 


17,154,551 


2,874,712 


16 


1852 


20,027,899 


2,936,896 


14 



This gives an average of fourteen voters to each one hundred of 
the whole white population. But there are always a large number 
of voters who do not attend the elections. The usual calculation is 
one voter out of Hxe of the population. It will thus be seen that 
each voter represents five persons (See Sec. 104). The above table 
is from Letter's C. L. and S. G., p. 432. 

4 'Virginia was the first State in the world (1655) composed of 
separate boroughs diffused over an extensive surface, where the 
Government was organized on the principle of universal suffrage. 
AH persons without exception were entitled to vote. * * * They 
considered it hard and unagreeable to reason that any persons shall 
pay equal taxes, and yet have no vote at elections. Servants, when 
their time of bondage was completed, at once became electors, and 
might be chosen burgesses." — 1 Bancroft, 231. 



17G POLITICAL IDEAS. [Lesson 19 

LESSON XIX. 

OF "no taxation without representation." 

217. In Sec. 71, we have seen that the principal ob- 
ject of the American Government is the protection 
of the lives, liberty and property of the people. 

This duty involves the employment of a large number of 
officers, who must be provided in every State, county 
and town, for the purpose of arresting, trying and 
punishing criminals. All these officers must be paid 
for the time and skill devoted to the public service. 
There must also be provided an army and navy, for the 
common defense in time of war, and for the protection 
of our shipping in foreign places. 

218. The pay of all these public servants, and 
other necessary expenditures of Government, re- 
quire annually large sums of money, and this 
money can be obtained only from the payment of 
taxes by the people. 

219. Are not taxes paid by the people under all forms of 
Government f 

They are. But in nearly all countries, except the 
United States and Great Britain and her colonies, the 
people until the present century have had no voice in 
levying the taxes, nor any recognized right to inquire 
into the public expenditure. 



2 1 7. What is the principal duty of the American system of Government ? What 
does this duty involve? Must public officers be paid for their services,? How 
about an army and navy? 

218. Where must i>he Government get the money to pay its expenses ? 

219. Are not taxes paid by the people under all forms of government I Have 
the people everywhere a voice in levying taxes? Have they any right to 
inquire into the public expenditure ? In what countries are these rights con- 
ceded ? 



Lessor* ] TAXATION AND REPRESENTATION. 177 

220. What are the Constitutional principles of the United 
States on this subject f 

Article 1, Sec. 2, clause 3, of the Federal Constitution; 
reads: "Representatives and direct taxes shall be 
apportioned among the several States which may 
be included within this Union, according to their 
respective numbers." And Section 9, clause 4, of the 
same article provides that: "No capitation or other direct 
tax shall be laid, unless in proportion to the census 
or enumeration hereinbefore directed to be taken/' 
(This census is taken every tenth year.) Article I, Sec- 
tion 8, reads: " The Congress shall have power to lay 
and collect taxes, duties, imposts and excises, * * * 
but all duties, imposts and excises shall be uniform 
throughout the United States." 

Thus representation and direct taxation, so far as 
the Federal Government is concerned, must be in 
proportion to population. And Congress has the ex- 
clusive power to lay and collect Federal taxes, but can 
only do so in an uniform manner throughout the whole 
country. 

221. The same principles precisely are found in all 
the State Constitutions. Their taxes are laid only by 
the representatives of the people, assembled in the 
Legislatures, while these Representatives are appor- 
tioned every five or ten years, according to the popula- 
tion, and taxation must be equal and uniform 
throughout the State.* 

*See the Constitutions of the several States. 

220. Quote the Constitutional regulations on the subject of representation 
and direct taxation? How are representation and taxation apportioned? How 
often are Representatives apportioned? What body has the sole power to levy 
Tederal taxes ? How must direct taxes be laid ? 

221. What principles on this subject are adopted in the State Constitutions ? 
Who levies the taxes ? How are the Representatives apportioned ? How often ? 
How must the taxes be apportioned ? 



173 POLITICAL IDEAS. [Lesson 19 

222. How many different sets of taxes are paid by the 
people of the United States? 

Every tax-payer is a resident not only of the United 
States, but of his own State, his county, and his town 
or city. Each of these districts has its own government, 
its own expenses to pay, and consequently raises its 
own taxes. Thus: 

A. Federal taxes are levied by Congress, and are 
used to pay the expenses of the Federal Government. 

B. State taxes are laid by the State Legislatures, for 
the purpose of defraying the cost of the State Govern- 
ments. 

C. County taxes are imposed by the County Com- 
missioners or Supervisors, and are expended for county 
purposes. 

D. Town taxes are voted at town meetings, and 
city taxes by the Aldermen of the city, and these cover 
the cost of the Town or City Governments. And in 
many States each School District taxes itself for the sup- 
port of its public school. 

223. But we have seen that the people who pay these 
taxes vote for the members of Congress, for the State 
Legislators, for the County Supervisors, and for the City 
Aldermen. "We have also seen that, by virtue of the law 
of agency in the system of representation, the people 
really tax themselves, through their chosen agents. 
In this, the only way possible, the tax-payers give their 
consent "beforehand to all demands that may be 
made upon them for taxes ; and provided there be no 



222. How many different sets of taxes are paid by the people of the United 
States ? Who levies Federal taxes, and for what are they expended ? State taxes ? 
County taxes ? Town and city taxes ? 

2S3. Do the people elect the representatives who lay these several taxes? Do 
they therefore tax themselves ? How ? 



Lesson 19] TAXATION AND REPRESENTATION. 179 

fraud or mismanagement of the public funds by the offi- 
cers, all good citizens pay their taxes cheerfully. 

224. Why are taxes usually paid without grumbling by 
the American people f 

A. Because they know that no Government can be car- 
ried on without them; and that without government no 
man's life or liberty would be secure. 

B. Because without government, property would have 
no value, for thieves and robbers would permit no peace- 
able possession or enjoyment of it. 

C. Because, even though our system of government 
should cost more than any other, it is worth more; but 
in reality it should cost less in time of peace, for we have 
no large standing armies to maintain. 

D. Because the taxes are required to be equally 
assessed upon all property liable to pay them 

E. Because they are levied and collected by the 
agents of those who pay them, and are not demanded by 
force. 

F. Because the people have the right to call their 
public servants to account for the moneys they receive : 
to indict and punish those guilty of embezzlement, and 
to turn out of office at the next election those who be- 
tray their trust. 

225. If there be no taxation without representation in the 



224. Why are taxes generally paid cheerfully by the American people ? Can 
Government be carried on without taxes ? Without Government can there be any 
security to life, liberty or property ? Why is Government necessary to give value 
to property? Is our Government worth more than any other? Does it cost 
more ? Why not ? Are the taxes equally assessed upon all ? Are they levied 
and collected by the people's own agents ? Have the people the right to call 
these agents to account ? How can they punish delinquents ? 

225. Is there any representation without taxation in the United States? Are 
there any persons who escape taxation ? How do people pay taxes indirectly? 
Show how the price of board is increased by taxes levied on the landlord's real 
estate, and on the merchant's goods? 



180 POLITICAL IDEAS. [Lesson 19 

United States, can it be also said that we have no repre- 
sentation without taxation f 

Practically, yes. It may "be said that there are no 
persons in the community, except wild Indians, who es- 
cape taxation altogether. There is usually a small poll 
tax which every man has to pay. And so long as taxes 
are laid upon real estate and merchandise, all who 
live in houses, eat food, or wear clothes, are 
obliged to pay a part of such taxes in the addition 
they cause to the prices of rents, provisions, and 
other articles which the citizens consume. Thus 
the owner of a boarding house, whifch he could rent for 
$1,000 per year, may be taxed $100. The landlord 
therefore raises the rent to $1,100. But the tenant pay- 
ing this additional rent, and also higher prices for taxed 
provisions than if the merchants who sold them were 
not taxed, must add all these taxes to the price he would 
otherwise charge for board. So that the boarder has to 
pay $4 per week for his meals which without taxes could 
be furnished for $3. Now as no voters are so poor that 
they cannot, as a general thing, at least pay for their 
board, it happens that all who vote do actually pay taxes 
in some form. 

226. But the rich man, who consumes every year many 
times what the poor man does, must therefore pay many 
times as much tax. Wliy then should he not have votes in 
proportion ? 

A. Because under the American system the property 
of the few is of small consequence compared with the 
lives, liberty and happiness-of the many. (See Sec. 208.) 

B. Because such a distribution of votes would create 

226- Why should not the rich who pay high taxes, have more votes than the 
poor, who pay hut little tax ? What is the value of property compared with life 
and liberty ? How would equality be affected by allowing votes to property ? 
Would such a scheme be practicable ? Why not ? 



Lesson 19 J TAXATION' AND BEPRESENTAT10N. 181 

a legal aristocracy of wealth, thus destroying equality 
among the people. 

C. Because it would be impracticable in operation, for 
no man could accurately state how much he has paid for 
indirect taxes, and it would be as difficult and expensive 
to determine each man's voting power on this plan, as 
to assess and collect his taxes. 

227. Women pay taxes, yet they do not vote. Is not this 
an exeeption to the rule, No taxation without representation f 

Apparently it is, yet really it is not. In our Lesson 
on Representation. (Sec. 104) we showed that, according 
to the original American idea, the family is represented 
at the polls by its male head. Latterly it is being urged 
that this idea does not meet the facts, because there are 
many single women and widows who have no male rela- 
tive to represent them, but who are nevertheless taxed. 
It is now a question before the people whether or not, 
on this and other grounds, women shall be allowed to 
vote in their own behalf. 

228. How came the principle of " No taxation without 
representation" to be adopted as an American idea? 

It was inherited from England by our forefathers. 
The British House of Commons has for centuries claimed 
fche exclusive right to frame the tax laws of Great Britain, 
by virtue of the fact that its members were the only 
representatives of the people. The Kings formerly dis- 
puted this right, claiming that the crown should exer- 

227. Why is it not an exception to the rule of no taxation without representa- 
tion, that women are not allowed to yote ? Is. this theory true in practice ? What 
b the present state of public opinion on the question of women voting? 

228- How came the principle "No taxation without representation" to be 
adopted as an American idea? What was the old quarrel between King and 
Parliament on this subject ? How did it end ? Was Parliament willing to do as 
it would be done by in this connection ? How did it treat the American colo- 
nies? What was the result of this? What do you know of the Boston tea 
party? 



182 POLITICAL IDEAS. [Lesson 19 

cise it as a part of the royal prerogative. This dispute 
was one of the causes of the revolution which ended by 
the execution of King Charles I, in 1648.* But it has 
taken England a long while to learn "to do as she 
would be done by;" and the persistent attempts of her 
Parliament to force the American colonies to pay taxes, 
while they were denied representation in that body, was 
one of the grievances that brought on our war of inde- 
pendence. You have read of the Boston tea party. It 
was the result of the principle "No taxation without 
representation." 

229. On what principle are the taxes levied under mon- 
archical government? 

In constitutional monarchies, the American principle 
prevails to a limited extent; that is, the assembly (called 
the States General, Diet, Cortes, etc.) votes the taxes 
as prepared by the crown ministers before the tax can be 
collected. But the members of such assemblies are not 
necessarily elected by the people, and can hardly be 
deemed their representatives in the American sense. In 
absolute monarchies, like Russia and Turkey, the Em- 
peror or Sultan levies such tax as he pleases. But until 
the present century, throughout continental Europe, the 
business of levying taxes was arbitrary, unequal, con- 
fused and unjust. For ages an outrageous series of 
plundering^ and robberies was committed upon all whose 
wealth became known to the court or its spies. Ameri- 
cans, since the revolutionary war have never felt the 
evils from which their European ancestors suffered owing 
to the impositions practiced upon them by arbitrary 
governments. 

*See Sec. 73. 

229. On *,vhaf principle are taxes levied under monarchical governments ? 
How in constitutional monarchy ? In absolute monarchy? How was it in the 
inidJIe ages in Europe ? 



Lessor 19 j TAXATION AND REPRESENTATION 183 

Notes.— " The following picture of the reign of Stephen in En- 
gland (a. d. 1124), from the Saxon Chronicles, may be worth 
inserting: 

"The nobles and bishops built castles, and filled them with dev- 
ilish and wicked men, and oppressed the people, cruelly torturing 
them for their money. They imposed taxes upon towns, and when 
they had exhausted them of everything, set them on fire. You 
might travel a day, and not find one man living in a town, nor any 
land in cultivation. Never did the country suffer greater evils. If 
two or three men were seen riding up to a town, all its inhabitants 
left it, taking them for plunderers. And this lasted, growing worse 
and worse, throughout Stephen's reign'" — Hallam's Middle Ages, 
338, notes. 

During the reign of Henry II, in England, "The right of ward- 
ship was abused, by selling the heir and his land to the highest bid- 
der. * * Women, and even men, fined (t. e., paid a tax) to the 
crown for leave to marry whom they would, or not to be compelled 
to marry any other. Towns not only fined for original grants of 
franchises, but for repeated confirmations. The Jews paid exorbi- 
tant sums for every common right of mankind, for protection, for 
justice. Men fined for the King's good will, or that he would remit 
his anger, or to have his mediation with their adversaries. Many 
fines seem, as it were, imposed in sport. Thus, the Bishop of Win- 
chester paid a tan of good wine for not reminding the King to give 
a girdle to the Countess of Albemarle ; and Robert de Vaux paid five 
best palfreys that the King might hold his peace about Henry Pinel's 
wife. Another paid four marks for leave to eat. Men fined to have 
right done them, to sue in a certain court, to implead a certain per- 
son, to have restitution of the land they had recovered by law. 
From the sale of that justice which every citizen has a right to de- 
mand, it was an easy transition to withhold or deny it. Fines were 
received for the King's help against an adverse suitor, that is, for 
perversion of justice, or delay. Sometimes they were paid by oppo- 
site parties and for opposite ends. These were called counter fines, 
but the money was sometimes returned to the unsuccessful suitor." 
— HaUam's Middle Ages, 338. 



184 POLITICAL IDEAS. [Lesson 20 

LESSON XX. 

OF THE SUBORDINATION OF THE MILITARY TO THE CIVIL 
POWER, JSO. I. 

230. In reading the Constitutions of the several 
States, one finds such clauses as the following: 

"Every citizen has a right to keep and bear arms for 
the common defense, and this right shall never be ques- 
tioned."* 

"No standing army shall be kept up in time of peace, 
and the military shall in all cases and at all times be in 
strict subordination to the civil power, "f 

' l A well regulated militia is the proper and natural 
defense of a free government." 

<l Standing armies are dangerous to liberty, and ought 
not to be raised or kept up without consent of the Legis- 
lature."f 

231. "We also find in the Federal Constitution: "No 
State shall without the consent of Congress keep troops 
or ships of war in time of peace, or engage in war un- 
less actually invaded, or in such imminent danger as 
will not admit of delay." J 

" Congress shall have exclusive power to raise and sup- 
port armies and a navy; to declare war; to govern the 
army and navy; to provide for organizing, arming, and 
disciplining the militia; to provide for calling forth the 

* Const. Maine, Art. I,<Sec. 16. 

T Const. New Jersey, Art. I, Sec. 12; Maryland, Art. I, Sec. 27; California, Art. 
I, Sec. 12. 
^Federal Constitution, Art. I, Sec. 10, Clause 2. 

230. Quote the clauses from the State Constitutions on the right to keep and 
bear arms ? On a standing army, and the subordination of the military to the 
civil power ? On the militia ? On standing armies in their relation to liberty ? 

231. Quote the clause from the Federal Constitution on the limitation to the 
power of the States as to keeping troops and engaging in war ? As to the exclu- 
sive powers of Congress over war matters? 



Lesson 20] MILITARY AND CIVIL POWER. 185 

militia to execute the laws of the Union, suppress insur- 
rections, and repel invasions/' etc.* 

232. Noiv, what mean these regulations ? 

They give the expression to three purely Amer- 
ican ideas, all of vital importance to our whole 
system. 

A. That war itself is an evil, utterly inconsistent 
with the life, liberty and happiness of the individ- 
ual, and therefore to be resorted to only In defense 
of life, liberty and happiness, nor then (emergencies 
excepted) except by the deliberate choice of the 
whole nation represented in Congress. 

B. That not only are armies, especially standing 
armies, dangerous to the liberties of the people, as 
has been and yet is constantly proved by history, 
but that the habits of camp life are fatal to the per- 
sonal independence of the soldiery, thus in time 
unfitting them to be freemen. 

C. That as the moral strength of the nation lies 
in the aggregation of individual opinions, thus form- 
ing public opinion, or the public mind ; so the phy- 
sical force of the nation resides in the arms of the 
people, -which constitute the public body. As the 
mind of a man rules his body, so the public mind 
should rule the public body. 

Let us examine these propositions in detail. 

233. War itself is an evil, utterly inconsistent with the 
life, liberty and happiness of the individual, and therefore 

* Federal Constitution, Art. I, Sec. 8, Clauses 11-16. 

232. Repeat the three principles which are expressed by these clauses? 

233. "What is the chief subject dwelt upon in history? "Who has always been 
the favorite hero ? Why is monarchy favorable to a state of war ? On whom 
fall the evils of war? What liberty can the subjects of a warlike king enjoy? 
Would there have been less war if the consent of the people had always been 
necessary before declaring it? 



186 POLITICAL IDEAS. [Lesson 20 

to be resorted to only in defense of life, liberty and happi- 
ness; nor then {emergencies excepted) except by the deliberate 
choice of the whole nation represented in Congress. 

History is written in the blood of the slain. Its every 
page is stained with the gore of multitudes who, in 
every country except our own, have been continually 
offered up as sacrifices to the ambition of their rulers. 
For ages the conqueror has been the favorite hero; that 
is, the monster who has killed the largest number of his 
fellow-beings, made the most widows and orphans, de- 
stroyed the greatest amount of the products of human 
labor, and done the most to prevent the progress of civ- 
ilization. For the wars waged to aggrandize such men, 
monarchy is largely responsible/ The King is but one 
man. The power to wage war rests in his single breast. 
His standing army is ever ready to attack his weaker 
neighbors, or to crush his own people in case of revolt 
against his tyranny at home. On whom fall the evils of 
warfare, if not on the masses of the people? What 
matter to the rank and file of the army who are slain, or 
maimed for life — what matter to those who are beggared 
in fortune — to the widowed and orphaned — whether 
their sovereign be victor or vanquished ? What liberty 
can there be for the subject who is liable" at any moment 
to be conscripted, separated from his dependent family, 
and subjected to the labors, privations, sickness and 
death incident to campaign service"? How much less 
would war have ravaged the w 7 orld had the deliberate 
consent of the people been always necessary before 
declaring it! 

234. These evils, so palpable, so grievous, are utterly 

234. Are the evils of war tolerable to freemen ? Only in what case? Have 
the United States been reluctant to engage even in defensive wars ? How was 
it before the Revolutionary war ? How before the war of 1812 ? What was the 
effect of the long delay in declaring those wars ? Have the United States ever 
engaged in offensive war ? What is the normal condition of American Society ? 
Why? 



Lesson 20] MILITAE T AND. CI VIZ PO WEB. 187 

intolerable to freemen, except they be forced upon 
them in self-defense. Then, indeed, -when a power 
uncontrolable by the civil law threatens the peace, 
the integrity, the honor of the nation, or the lives 
and liberties of the citizens, war becomes the only 
alternative to a permanent submission to tyranny 
and outrage. But so reluctant have the United States 
always been to engage in it, even in self-defense, that 
the colonies patiently endured British misrule and op- 
pression for ten years, from 1764 till 1774, before they 
commenced the Revolutionary war. And the same 
patient endurance was shown towards France during 
Washington's administration as President, and towards 
England for more than six years (during which she 
captured nine hundred American vessels) before the war 
of 1812.* The effect of these long delays, incurred 
while seeking to avert war by negotiation, was that Con- 
gress was supported in its action by the public opinion 
of the country, and hence both those wars were success- 
ful. But the United States have never yet waged 
an offensive war. So long as our institutions are 
preserved in their purity they never will. Peace 
is the normal condition of American society, for in 
peace only can our citizens individually enjoy life, 
liberty and happiness. In this, civilized society is 
like a forest; the storms which break and uproot the 
trees, the fire which devours every green thing from off 
the face of the earth, are destructive of all growth, per- 
fection, usefulness and beauty. 

235. Not only are armies, especially standing armies, 

* Swinton's Condensed History of the United States. 

235. Kepeat the second of the three principles? What lesson do we learn 
from the treason of Julius Csesar, and the rule of the army of the Roman Em- 
pire ? 



188, POLITICAL IDEAS. [Lesson 20' 

dangerous to the liberties of the people, as has been and yet 
is constantly proved by history, hid the habits of camp life 
are fatal to the personal independence of the soldiery, thus 
in time unfitting them to be freemen. 

Julius Csesar was for many years a successful Eoman 
general in ancient Gaul. Being a man of genius, learned, 
eloquent, an excellent soldier and ambitious, lie formed 
the design of making himself master of his country by 
means of the army, whose affections he had won from 
their nation to himself. He accordingly marched upon 
Rome, whose people, expecting anything but treason 
from their favorite general, were wholly unprepared to 
oppose him. He seized the city, overthrew its free in- 
stitutions, and made himself absolute ruler. 

236. After Caesar succeeded many emperors, nearly 
all of whom were like him selected, supported (and 
some of them were dethroned) by the army, without any 
regard to the will of the people. Decay and corruption 
now sapped the life of the once powerful mistress of the 
world The soldiers, always reeking with crime and 
debauchery, gave laws to the Empire. The Senate was 
corrupted, public spirit disappeared; tyranny, plunder, 
civil war, substituted chaos for the once boasted order 
of the Roman State. For several centuries things 
went from bad to worse, until the feeble remnant of the 
greatest people of ancient times was swept into oblivion 
by the barbarian hordes of Alaric and Attila. 

237. The history of modern Europe has repeated the 
lesson learned from Rome, in a hundred instances; yet 
to this day, standing armies are everywhere the bulwarks 



236. What produced the downfall of that Empire? 

23?. Do we learn the same lesson from the history of modern Europe ? How 
many men are there in the present standing armies of Europe ? What effect do 
these armies exert on European peace and liberty ? 



Lesson 20] MILITARY AND CIVIL POWER. ISO 

of thrones. Between three and four millions of men 
are kept constantly under arms in Europe. Men are 
taken from productive industries; for the most part pre- 
vented from marrying or forming domestic ties; main- 
tained at enormous expense upon taxes wrung from the 
remainder of the people; and all this merely to enable 
the monarch to crush the liberties of his own subjects, 
or attack those of neighboring nations. 

238. But we stated that the habits of camp life are fatal 
to the personal independence of the soldiery, thus in time 
unfitting them to be freemen. 

The government of an army is essentially a despotism. 
One mind only must rule the host, and this can be done 
only by the stratification of the entire mass, so that each 
rank shall receive orders from above, and transmit them 
below. But the rank and file have always to obey. 
To hesitate is to incur prompt punishment; to disobey 
is death. No individual thought, no public opinion, 
no freedom of speech, of the press, of communica- 
tion, can be allowed in an army. Having no home, 
the soldier knows no social or domestic obligation. 
Having no trade, h^ loses all interest in the business of 
the country. And thus, unaccustomed to freedom, 
to the rights and duties of citizenship, he pres- 
ently loses his love of liberty, and power to be 
free. He becomes a mere machine in the hands of his 
superiors, and learns to rely on others for his every mo- 
tive. Soldiers sometimes almost worship their generals, 
while they are lost if left to themselves. Indeed, one 
of the elements of success in the character of a great 

23S. Of what nature is the government of an army? How is this kind of 
government effected? What have the rank and file to do with it? Has a soldier 
the same righcs as free citizens ? Has he the same social and business conneo 
tions as free citizens have ? What is sometimes the soldier's feeling toward his 
commander? What sometimes results from this feeling? 



190 POLITICAL IDEAS. [Lesson 20 

general is the art of attaching his soldiers to his person. 
The men who have often been led to victory by 
the same leader, learn to look upon him as the sun 
in the heavens. He is all there is to them of gov- 
ernment, wisdom, forethought and power. "What 
wonder that they will follow such a man through fire and 
flood, fighting for his interest as for their own, caring 
little about those abstract qualities, patriotism and jus- 
tice, in the excitement of pushing the fortunes of their 
darling commander! 

289. The soldiers of standing armies thus become fit 
only to be the tools of the tyrant, ajad the dupes of the 
demagogue. Not only may such armies be turned, 
like those of Caesar, against the liberty of the State, 
^ut the degradation of camp life destroys the in- 
dependence of character without which freedom 
cannot exist. As the disbandment of an army after a 
war is always marked by an increase of crime among the 
people, so the intermingling of soldiers with citizens 
tends gnly to public demoralization. 

Notes. — (a) In 1718, King Frederick William of Prussia, father 
of Frederick the Great of that nation, in letters instructing the 
tutors of his son as to the kind of education they were to give the 
Prince, uses the following language: 

"With his increasing years, you will more and more, to a most 
especial degree, go upon fortification, the formation of a camp, and 
the other war sciences, that the prince may, from youth upwards, 
be trained to act as officer and general, and to seek all his glory in the 
soldier profession. This is whither it (his education) must all tend. 
You must, both of you, in the highest measure, make it your care to 
infuse into my son a true love for the soldier business, and to im- 
press upon him that as there is nothing in the world which can bring a 
Prince renown and honor like the sword, so he would be a despised 



239. What do soldiers of standing armies become fit for? In what two ways 
do standing armies endanger liberty ? 



Lesson 20] MILITARY AND CIVIL POWER. 191 

creature before aU m men if he did not love it, and seek his sole glory 
therein." — Carlyle's Frederick the Great, Vol. I, page 357. 

The armies of Europe on a war footing aggregate 3,810,766 -men, 
in about the following proportions : 

England , 200,000 

Germany 824,900 

Austria 733,926 

Ttaly 415,200 

France 456,740 

Russia .800,000 

Spain , . . . 80,000 

Turkey „. .. 300,000 

3,810,766 

These are -supplied with 10,244 cannon, and 512,350 horses. 
Moreover, the military system of Russia, Germany and France is 
such, that the number of trained soldiers in the various reserves, 
scattered through the country, can be doubled in a very brief time. 
In Germany every young man owes the State three years of service 
in the army, and after his discharge he is liable at any time in case 
of war to be summoned to the field. The result of these military 
organizations is a more formidable fighting power than the world 
has ever before seen; but the possession of such power leads to its 
frequent use. Hardly a decade rolls by, that does not witness a 
European war. The American gratifies his love for this kind of 
excitement in the battle of ballots. But in Europe, where this 
harmless species of fighting is unknown, political events are still 
decided only by bullets. 

(b) Louis Napoleon, late Emperor of the French, was a great 
admirer of Julius Caesar, whose treatment of his country he imi- 
tated. In 1852 he gave eagles to serve as standards to the French 
army, at a grand military review at Chalons. On this occasion, 
which he named the " festival of the eagles," he addressed the 
army as follows : 

"Soldiers, the history of nations is in great part the history of 
armies. On their success, or on their reverses, depends the fate of civ- 
ilization and of the country. When they are vanquished, there is 
either invasion or anarchy; when victorious, glory and order. In 
consequence, nations, like armies, pay a religious veneration to the 



192 POLITICAL IDEAS. [Lesson 21 

emblems of military honor, which sum up in themselves a whole 
past existence of struggles and of triumphs," etc. 

If civilization in this nineteenth century depends on the success 
of armies, it would have been interesting to inquire of Louis Na- 
poleon, in exile, whether he deemed French civilization to be infe- 
rior to the German, because the latter were victors in the war of 
1871 ? To such absurd sophisms are the minds of those monarchs 
driven, who seek to retard civilization by their adherence to the 
tyrannical principles of the dark ages ! 



LESSON XXI. 

OF THE SUBORDINATION OF THE MILITARY TO ' THE CIVIL 
POWER, NO. II. 

240. The third proposition in our last lesson was: 
" That as the moral strength of the nation lies in the aggre- 
gation of individual opinions, thus forming public opinion, 
or the public mind, so the physical force of the nation re- 
sides in the arms of the people which constitute the public 
body. As the mind of a man rules his body, so the public 
mind should rule the public body. 

We have seen that the civil power in the United States 
exists only by virtue of public opinion, as expressed in 
laws framed by the agents of the people.* We have 
also seen how the numerous and complex institutions of 
government all move harmoniously, each in its own orbit, 
bound together by the common object, " the greatest 
good to the greatest number," as the planets are by the 
universal bond of gravitation, f and we have seen that 
peace is the normal condition of the American people. 

*See Sec. 122. fSee Sec. 95. 

240. Repeat the third of the three propositions > 



Lesson 211 MILITARY AND CIVIL POWER, 193 

241. Now would not all this beautiful system and order 
be thrown into confusion if the army were allowed the small- 
est influence in shaping the political course of the country ? 
Would not the soldiers interfere at elections, compelling 
citizens, as in France, to vote to please their commanders? 
Would not a popular general be able to elect himself 
Emperor, to override and abolish the Constitution, and 
thus to destroy liberty in the interest of his own despot- 
ism ? The history of both Napoleons shows how 
easily this may be done. 

242. To forestall such perils we treat the army^as 
"a good servant, but a bad master." We have in- 
vented a system whereby, when the defense of the nation 
requires it, an immense army can be produced at short 
notice. But when the emergency is over, the soldiers 
are at once returned to their homes and private occupa- 
tions. 

243 Wliat then are the peculiarities of the American 
military system ? 

A. A small regular arrqy, sufficient merely to 
garrison the forts, protect the military property of 
the nation, and keep the Indians in check, is always 
maintained. But the term of enlistment is limited to 
five years c 

B. The Federal Government has established a 
large military academy at West Point, where a mod- 
erate number of young men, drawn from the several 
States in proportion to their representation in Congress, 

241. Would not the system and order of American institutions be destroyed if 
the army were allowed any power in politics ? What dangers would result from 
it? 

242. How do Americans treat their army? Have we a military system of our 
own? 

243. State the peculiarities of the American military system ? 

A. What about the regular army? Its terms of enlistment? 

B. The military academy? Its object? 

17 



194 POLITICAL IDEAS. [Lesson 21 

are educated in the science of war. This institution is 
relied on to furnish commanders for the national troops 
in case of war. 

C. Every individual throughout the nation has 
the constitutional right to keep and bear arms. 
This accustoms the people to their use. (This right is 
not allowed by governments that are afraid of the peo- 
pie.) 

D. The Federal Government constantly manu- 
factures and keeps on hand immense quantities of 
cannon, small arms and military stores, which are 
kept in its various arsenals throughout the Union. 

E. Each State has its own militia system, under 
which volunteer companies and regiments are 
formed from among the citizens. The officers of 
these troops are appointed by the Governor, who is the 
State Commander-in-chief. These troops are not paid 
except when in actual service.- But they are drilled 
often enough to discipline them, without taking them 
away from their families or business for that purpose. 

F. Should any riot or insurrection occur too strong to 
be put down by the Sheriff of the county where it hap- 
pens, the Sheriff, who is a civil officer, applies to the 
Governor for aid. The Governor, also a civil officer, 
being first satisfied that the necessity exists, orders out 
the State troops. If the available power of these troops 
be insufficient to enforce the law, he calls upon the 
President of the United States for assistance. The 
President, another civil officer, thereupon orders the 
regular army to the scene of disturbance. If this be not 

C. The citizen's right to keep and bear arms ? 

D. The Government supplies of army and military stores? 

E. The militia system of the States? 

F. Describe the manner in which military force is called, into action in case 
of insurrection or invasion V 



Lesson 21] MILITARY AND CIVIL POWER. 195 

strong enough, he calls out the militia of all the States. 
If the organized militia of all the States be insufficient, 
he will call for volunteers; a certain number, propor- 
tioned to the population, being summoned from each 
State. These are paid and armed by the Federal* Gov- 
ernment, and commanded by Federal Generals, though 
the State Governor appoints all officers below the rank 
of Colonel. If a sufficient number of men will not 
volunteer, that is, offer voluntarily to serve for the 
{ ' bounty " and pay tendered by the Government, then 
the President orders a "draft," which compels the 
service of those citizens drawn by lot, unless they fur- 
nish a substitute. In these ways an army can always be 
obtained. The Government had an army of over 
1,000,000 men in the field at the close of the rebellion of 
1861. 

G. The army never votes as a body. But the 
soldiers, who are citizens of the several Strates, vote while 
in camp at such elections as are held in their own States. 
These votes are counted at their homes, as if they were 
personaEy present. 

H. No enlistment of volunteers is permitted for 
a longer term than three years, or for the War, so 
that the soldiers shall not have time to forget their inde- 
pendence as freemen, or to become too strongly attached 
to their leaders. 

I. The commanding officers receive their orders 
fiom the Civil Government, by whom they are held to 
a strict accountability through martial law. 

J. In case of invasion, the mode of procedure 

G. Does the army vote as a body? How do soldiers vote? 
H. For how long are volunteers enlisted? Why is the term limited? 
I. From whom do the commanding officers receive their orders? 
K. Has any State the authority to declare war ? Or keep a standing army or 
•navy? 



198 POLITICAL IDEAS. [Lesson 12 

would be the same as in ease of insurrection, except 
that the first movements of defense would originate 
with a State Governor or the President. 

K. No State has any authority to declare war, to 
keep a standing army in time of peace, or to keep 
ships of war without consent of Congress. 

244. By these means the military is rendered capable 
of sufficient power and service to protect the nation in 
all cases of defensive war. We want no army 
and navy for any other purpose. We seek not to 
attack or oppress our neighbors, and we have no 
neighbors, at least on our continent, strong enough to 
be at all likely to attack us. In all events the military 
is in strict subordination to the law of the land. 
Our military system is a new thing 1 in history; but that 
it is equal to any in the world for the protection of liberty 
and honor, is proven by the fact that we have been 
victors in all our •'wars, whether foreign or domes- 
tic. And our armies always will be victorious so long 
as we fight only in self-defense. The reason of this is, 
that defensive war is always just. It is in such wars 
that the sacrifices of patriotism, courage, energy and 
devotion are sure to be offered by every citizen upon 
the altar of his country. And when a great nation is 
thus excited to act all together, no power on earth can 
resist it. 

{t Thrice is he armed who hath his quarrel just. 11 



244. Are these means sufficient for the requirements of the nation in case of 
defensive war ? Have we need of an army for aggressive wars ? Do the United 
States seek to attack or oppress other nations? Is the military always kept 
subordinate to civil power? Have the United States always prospered in war? 
How long only will they continue to be victorious ? Why? 



Lesson 22] FOREIGN POLICY. 107 

LESSON XXII. 

OF THE FOREIGN POLICY OF THE EXITED STATES. 

245. In what respects has America shown more justice 
and magnanimity in her treatment of foreign nations, than 
any other country ? 

"We have seen in Section 32, that "political liberty 
is the freedom to every individual to do as he pleases, so 
long as he does no evil to any one else/' Freemen 
taught in this principle cannot divest themselves of the 
idea that nations as -well as individuals have a na- 
tural right to do as they please, so long as they do 
not molest other nations. In, her recognition of the 
rights of other nations, America can safely claim a 
loftier place in Christian civilization than has ever been 
attained by any other nation. 

246. We have in foregoing lessons alluded to the 
maxim " Might makes Right," as practiced for ages by 
monarchical governments. We have seen that Euro- 
pean history is but the narrative of never-ending 
struggles among monarchs to rob each other of 
their dominions. "We have not space in this little work 
for more than brief allusion to these facts of universal 
history. But we urge you to repair a great neglect of 
the present generation of Americans by cultivating 
the study of history. By this course only can you 
learn to appreciate the institutions of your country; in 
contrasting their freedom, their beneficence, their tender 



245. To what international principle does the idea of political liberty lead ? 
Does America claim a higher grade of Christian civilization in her treatment of 
foreign powers, than any other nation ? 

246 . What was and is the monarchical principle in dealing with weaker Gov* 
ernments? What is European history a narrative of? Is history a nece^fary 
study in learning the value of American ideas ? V>*hy ? 



103 POLITICAL IDEAS.. [lesson 22 

c^re of human happiness and of justice, with the abom- 
inable system of canonized crime, out of which, like the 
flower bed out of the manure heap, our principles of 
Government have been developed. 

247. By the study of history you will learn that 
from the earliest ages the only recognized mode of 
aggrandizing a nation was by the conquest of its 
neighbors. Sesostris of Egypt, the earliest conqueror 
of whom we have any record, began the long story of 
aggressive wars. He was followed by Cyrus and Darius 
of Persia, Alexander of Macedon, by the republic and 
empire of Rome, by Carthage. Then come the names 
of Alaric, Afctila, the Caliphs of the East, Charlemagne, 
Tamerlane, Genghis Khan, William the Conqueror, 
Charles V of Germany, Ferdinand and Isabella of Spain, 
Louis XIV of France, Charles XII of Sweden, Frederick 
the Great of Prussia, Marlborough, Napoleon I, besides 
hosts of lesser names. All of these won their fame by 
the conquests of other nations, whose territories they 
added to their own or their sovereign's dominions. 
But who among them all ever realized that the 
conquered had any rights beyond those mentioned 
in the laws of war, which the victors were bound 
to respect ? Which of them ever dreamed of consulting 
the wishes of the people of a conquered province in the 
matter of their Government, or of paying for the lands 
annexed? Which of them ever thought, while dethron- 
ing vanquished kings, dispossessing people of their 
property, carrying them off into captivity or slavery, or 



247. What lias been the recognized mode of aggrandizing European nations ? 
Who was the earliest conqueror ? Name some of the principal conquerors in 
the old world ? Did any of those conquerors accord any rights to the conquered 
beyond those mentioned in the laws of war ? Did they think or know of any 
mode of gaining territory except by force ? 



Lesson 39 ] FOREIGN FOLIC Y. 199 

or at best compelling them to pay tribute, as the alter- 
native of worse suffering, that there was any law, 
higher than mere brute power, which entitled the 
defeated party to any mitigation of their fate ? 

248. You icill also observe in reading history that all 
these belligerent nations regarded each other merely as ene- 
mies or allies, with respect to present or future tears; so 
that diplomacy ivas useful mainly to arrange alliances for 
the next invasion. Thus nearly all European wars have 
involved several nations, some of which had no quarrel 
of their own, but took sides in the fight either for the 
sake of their share of plunder, or to prevent some nation 
from becoming stronger than the rest. 

249. Even the original settlers of our country 
brought these barbarous notions with them. They 
thought nothing of robbing the native Indians of their 
lands, or of forming alliances with some tribes for the 
sake of exterminating others. Few of them except 
Penn and his colony of Quakers considered that the In- 
dians should be paid for their patrimony. And in the 
old French war of 1754, the New Englanders did their 
best to assist the British in driving the French out of 
Canada, and conquering that province for old England. 
But when American independence had been won, and 
the Federal Constitution adopted; when the great ^Wash- 
ington had uttered his farewell address to his country- 
men, full of wise and beneficent counsels as to their 



248. How did those belligerent nations regard each other? What was the 
principal use of diplomacy ? Did European wars generally involve more than 
two nations ? 

249- Did the early American settlers bring over the European ideas on these 
subjects? How did they acquire the lands of the Indians? How did William 
Penn acquire his lands from the natives? Did Xew England assist in the con- 
quest of Canada from the French ? When and how did the present American 
idea originate ? 



200 POLITICAL IDEAS. [Lesson 22 

intercourse with foreign nations; a purely American 
system of foreign policy was adopted. 

250. This system is expressed in the phrase: a Peace 
and friendship with all nations, but entangling alli- 
ances -with none." America makes no aggressive 
war. She accords to all nations all their rights; 
seeks commercial intercourse with all ; claims re- 
spect and immunity for herself and her citizens 
from all; but abstains from political connections 
with any of them. Out of these general ideas has 
grown that of purchasing from foreign nations such 
territory as we require for our own purposes. In pur- 
suance of this idea we have increased our area to 
more than eight times that occupied by the original 
thirteen States; and this we have done without 
depriving any nation of its just rights, "without en- 
gaging in the quarrels of other nations ; or prosecut- 
ing any -war merely to gratify the thirst for rob- 
bery and spoliation. 

251. These acquisitions have been as follows : In 1803, 
we purchased from France all the territory between the 
Mississippi River and the Pacific Ocean — all of which 
was then called Louisiana. For this we paid $15,000,- 
000; and by this purchase we avoided a war with Na- 
poleon I. This was the first instance in the world's 
history in which purchase instead of conquest 



250. What phrase expresses the foreign policy of the United States ? What 
are the peculiarities of this policy? What idea has grown out of these general 
principles ? How do we acquire foreign territory? How much land have we 
thus acquired ? Have these acquisitions been attended by any injustice to other 
nations ? Have we engaged in the quarrels of other nations; or prosecuted any 
war for the purposes of robbery or spoliation ? 

251- Kelate the particulars of our purchase of Louisiana. Florida. Annexa- 
tion of Texas. Relate the history of the purchase of California, Nevada, Utah, 
New Mexico and Colorado. Of the Mesilla Valley and Arizona. Of Alaska. 



Lesson 22] FOREIGN POLICY. 201 

was resorted to, for the purpose of adding to the 
territory of a strong and ambitious nation.* 

In 1818, we purchased Florida from Spain, for $5,000,- 
000, again avoiding a war through negotiation, f 

In 1845, Texas was annexed at the request of her Gov- 
ernment; the United States assuming her debt of $10,- 
000,000. This brought on a war with Mexico (which caused 
the American troops sent to occupy the western part of 
Texas to be attacked); resulting in the defeat of the Mexi- 
cans, and occupation of their country by our armies* 
But this war was closed in 1848, by a treaty whereby 
Mexico sold to the United States all her claim to the 
disputed part of Texas; also the territory now in- 
cluded in California and in Nevada, Utah, New Mexico 
and Colorado Territories. For this the United States 
paid to Mexico $15,000,000, and assumed the payment 
of American claims against her to the amount of $3,000,- 
000 more. To all the inhabitants of the purchased 
regions were guaranteed their liberty and property, the 
right of self-government, and citizenship if they desired 
it. J This is the first case recorded in history in 
which a conquest was followed by the payment 
to the vanquished of the full value of the lands 
taken by the victor. 

In 1854, we purchased from Mexico the Mesilla Valley 
and Arizona Territory, for which we paid $10,000,000. 

In 1868, we purchased from Kussia the territory of 
Alaska, for-which we paid $7,000,000. 

252. We have also settled questions of disputed 
boundaries, and other subjects of contention, with Great 

♦Spencer's History of the United States, Div. V, page 37, et seq. 

tIb.,Div. VI, 322. 

% See the treaty of Guadalupe Hidalgo. 

252. What settlements avoiding war have been made vrith Great Britain ? 



202 POLITICAL IDEAS. [Lesson 22 

Britain on several occasions, each time removing causes 
of irritation that in Europe would surely have resulted 
in war. 

Thus in 1842, the northeastern boundary of Maine, 
and vexatious difficulties about the fisheries, were amica- 
bly settled by Daniel "Webster and Lord Ashburton, who 
were appointed commissioners by the respective Govern- 
ments for that purpose.* 

In 1846, we made a similar settlement with Great 
Britain, of the northwestern boundaries of the United 
States, whereby we acquired a quiet title to Oregon and 
Washington Territories, by giving up our own claim to 
the lands lying north of latitude .49°. 

And in 1871, a dispute growing out of this last treaty 
concerning the ownership of San Juan Island, was re- 
ferred to the Emperor of Germany for arbitration, and 
by him decided in favor of the United States. 

253. The same principles have always regulated 
our dealings -with the Indians. Notwithstanding the 
barbarism and cruel treacheries of these savages, and 
their weakness compared with our power, our Govern- 
ment has always refused to deprive them of their lands 
without payment. Hence the expenditure of several 
millions of dollars annually in the administration of 
Indian affairs, and the making of a separate treaty, pur- 
chasing the lands of every tribe before sending the 
Government surveyors to lay them out in farms for sale 
to settlers. 

254. You see, in this brief sketch of the foreign policy 
of the United States, how carefully the nation has followed 
the sage counsels of the Father of our Country. Said 

*See Ashburton Treaty, U. S. Statutes. 

253. What principles have marked our treatment of the Indians ? 

254. Give the substance of the extract from Washington's Farewell Address. 



Lesson 22] FOREIGN POLICY. 203 

Washington, in his Farewell Address: " Observe good 
faith and justice toward all nations. Cultivate peace 
and harmony toward all. Religion and morality en- 
join this conduct : and can it be that good policy does 
not equally enjoin it? It will be worthy of a free, 
enlightened and at no distant period a great nation, 
to give to mankind the magnanimous and too novel 
example of a people always guided by an exalted 
justice and benevolence. Who can doubt that in the 
course of time and things the fruits of such a plan 
would richly repay any temporary advantages which 
might be lost by a steady adherence to it? Can it be 
that Providence has not connected the permanent felicity 
of a nation with its virtue? The experiment, at least, 
is recommended by every sentiment which ennobles 
human nature. Alas, it is rendered impossible by its 
vices." 

255. Finally, though there is no international law 
which protects weak nations from robbery and extortion 
by the stronger, the United States in this matter are 
a law unto themselves. With us, the rule to "do 
unto others as we would they should do unto us," is a 
sufficient protection to the rights of other nations at our 
hands. To have been the first people to apply the 
Golden Rule to national conduct, is a higher glory 
than if a conquered world were bleeding at oui 
feet. 



255. Is there any international law which protects weak nations from 
stronger ones ? What law governs the United States in this particular ? What 
great glory have we acquired from our treatment of weak nations ? 



204 POLITICAL IDEAS. [Lesson 23 

LESSON XXIII. 

OF THE AMERICAN IDEA OF ARISTOCRACY, NO. I. 

256» Wliat clauses of the Federal Constitution forbid the 
eocistence of orders of nobility or the conferring of titles in 
the United States ? 

Section 9 of Article I reads: "No title of nobility 
shall be granted by the United States, and no person 
holding any office of profit or trust under them shall, 
without the consent of Congress, accept of any present, 
emolument, office or title of any kind whatsoever from 
any king, prince or foreign State." 

Section 10 of the same Article reads: "No State 
shall grant any title of nobility." Several State Consti- 
tutions contain similar prohibitions. 

257. In Lesson III we learned the difference between 
the doctrine of the divine right of Kings and the idea of 
popular government. In the former we saw that the 
nobles derived their power and estates from the King,* 
in return for which they supported the throne by help- 
ing to keep down the people: whose natural rights 
were impaired to the extent of the exclusive privileges 
monopolized by the nobles. In Lesson I we showed 
you that liberty cannot exist except among equals. The 
Fathers of the Republic were therefore extremely 
jealous lest any title of nobility should be acquired 
by Americans. Hence the prohibition in the Constitu- 
tion, both to the Federal and State Governments, ever 

* " AU degrees of nobility and honor are derived from the king as their fount- 
ain." Blackstone's Com., XII, " Of the Civil State." 

256. Repeat the Constitutional prohibitions of orders of nobility? 

257. Were the early Americans jealous lest titles of nobility should be 
created ? Why? On what condition can a foreign nobleman become an Ameri- 
can citizen ? 



Lesson 23] A BIS TOCBAC V 205 

to grant a title of nobility. Hence the forbidding of 
any Government officer to receive such title from any 
king, prince or foreign State. Hence no foreign noble- 
man is allowed to become a naturalized citizen of the 
United States, unless he abjures his title of nobility.* 

258. The American fathers believed only in Nature's 
noblemen — that " an honest man is the noblest work of 
God." And the system they framed has now for a cen- 
tury developed the nobility of nature in tens of thou- 
sands of minds, which but for liberty and popular educa- 
tion would only have illustrated those lines of Gray: 

u Full many a flower is born to blush unseen, 
And waste its sweetness on the desert air; 
Full many a gem, of purest ray serene, 

The dark unfathomed caves of ocean bear."t 

259. The American idea of aristocracy is beautifully 
expressed by Robert Burns, in his song entitled: 

"a man's a man for all that. "J 

Is there, for honest poverty 
That hangs his head, and all that? 
The coward slave, ice pass him by, 
We dare be poor for all that? 
For all that, for all that, 
Our toil's obscure, and all that; 
The rank is but the guinea's stamp, 
Hie mans the gold for all that. 

"What though on homely fare we dine, 
Wear humble gray, and all that; 

* See Act of 1795. 

t Gray's Elegy in a Country Church-yard. 

1 1 have taken the liberty to make this poem intelligible to American youth 
by substituting English for some of its Scottish words. 



258. In what kind of nobility did the American fathers believe ? What has 
resulted from the system they framed ? 

259. Repeat the song quoted from Robert Burns ? 



206 POLITICAL IDEAS. [Lesson 23* 

Give fools their silks, and knaves their wine, 

A man's a man for all that; 

For all that, and all that, 

Their tinsel show, and all that, 

The honebt man, though ne'er so poor , 

Is king of men for all that. 

You see yon ninny called a Lord, 
Who struts, and stares, and all that, 
Though hundreds worship at his word, 
He's but a fool for all that; 
For all that, and all that, 
His ribbon, star, and all that, 
The man of independent mind 
He looks and laughs at all that. 

A king may make a belted knight, 

A marquis, duke, and all that, 

But an honest man's above his might — 

Good faith! he must not try that; 

For all that, for all that, 

Their dignities, and all that, 

The pith of sense, the pride of worth 

Are higher ranks, for all that. 

Then let us pray, that come it ma}% 
As come it will, for all that, 
That sense and worth, o'er all the ea*rth. 
May take the prize, and all that; 
For all that, for all that, 
It's coming yet, for all that, 
That man to man, the world o'er, 
Shall brothers be, for all that. 

260. Is it not unjust, as well as absurd, that one class of 
men should claim the right to lord it over others? How 
could such a system have originated ? 

The freedom -which everybody in America en- 
joys is a new thing. One hundred years ago it 

260. Is American freedom a new thing ? Where else does it exist ? Are you 
a descendant of slaves? Describe the condition of the lower classes in England 
three hundred years ago ? How did many of the present family names originate? 



Lesson 23 j AB1S TOO BAG T- 207 

was only beginning to exist. You will not therefore 
be startled when told that you, and probably all your 
acquaintance, are the descendants of slaves! Under 
the Feudal system in Europe, as you learned from 
Chapter II of the Introduction, the lands all belonged 
to the lords by grants from the King. The lower classes 
of the people were attached to the lands, and were 
deemed a part of the property, just as were the slaves 
on the southern plantations before our civil war of 1861. 
We know men whose family names are Smith, Miller, 
Farmer, Shepard, Carpenter, Weaver, Moulder, and 
so on. But Mr. Miller's ancestor was not called Mr. 
Miller; he was called Jack the Miller, the bond slave of 
the lord on whose land he was born. He and his mill, 
his wife and children, all belonged to his lord. Robert 
the smith did his lord's smithing. Billy the carpenter 
made his lord's wood work. Jimmy the shafter made 
his lord's arrows, and Hugh the farmer plowed and 
sowed, and reaped and garnered for his lord. Less 
than three hundred years ago, Queen Elizabeth had no 
less than three thousand of these serfs or slaves on the 
crown lands of England. 

261. How was this class emancipated ? 

It was never done by positive law, but it came about 
slowly and gradually by custom. Some wise lord called 
Jack the plowman, and said: " Jack, give me a hundred 
bushels of wheat a year, and what you make over that 
you may keep for yourself." He called Hugh the miller, 
and said: " Hugh, give me fifty sacks of flour a year, 
and you may run the mill for yourself," and so on. Thus 
the personal service of the serf was turned into rent, 
and these slaves were permitted to own the wages they 

261. How were the English serfs emancipated ? What was the origin of rent ? 
What powers did the lords exercise over the serfs? 



208 POLITICAL IDEAS. [Lessok 23 

earned beyond their rent. But they did not yet own 
themselves. They, their wives and children, still be- 
longed to their lord. He still could force them to work 
upon his highways without wages; compel them to join 
him in the chase; lead them out to war; or force them 
to beat the ponds all night long to keep the frogs from 
croaking, so that he might sleep. 

262. But some of these serfs who thus paid rent were 
idle and thriftless, and by and by there appeared other 
serfs, more industrious and intelligent, who offered to 
take their lands and pay a higher rent. The lord availed 
himself of this competition in rents, and thus the lazy 
serfs were torn up by the roots from the soil in which 
they had vegetated; *were forced to move off and take 
care of themselves, and became free without intending 
it. Hugh the miller thus became Mr. Miller; Billy the 
carpenter, Mr. Carpenter; and Jack the smith became 
John Smith Esq. 

THE LOWER CLASSES STILL DEGRADED. 

263. In England the suffrage is regarded as a privi- 
lege or boon which the Government condescends to 
grant to a favored portion of the people — not as a 
right inherent in all men by the law of nature, by 

virtue of which right alone Government has any exist- 
ence. But though no longer slaves, this new class of 
freemen did not rise in the political or social scale. 
There was no common school system in England to de- 
stroy the differences between men born of high or low 

262. How came the serf s free ? Did they seek to be free? Was their free- 
dom the result of law? 

263. Did the freedmen rise in the social scale? Have men the right of suf- 
frage in England, as mere men? What is the qualification of voters there? 
What is the difference between the English and American views of the right of 
suffrage? What language does Shakspeare use in speaking of the laboring 
classes? What is now the comparative standing of the laboring classes in all 
European countries ? 



Lesson 23] ARISTOCRACY. 209 

degree. They have no suffrage in England nOw, as 
mere men, for they cannot vote without some property 
qualifications. The common people were regarded as a 
clownish and degraded class. Even Shakspeare, whose 
father could not write, and who could probably trace 
back his own lineage to some spear-shaking slave, puts 
into the mouths of his upper classes such phrases as, 
"Mechanic slaves with greasy aprons;" "Mechanical 
and dirty hand; " "Base dunghill villain, and mechan- 
ical;" " Hard hands of peasants;" "Worthless peas- 
ants;" "Base lacquey peasant;" "Kogue and peasant." 
And so slow has been the progress of our emancipated 
ancestors, that less than a century ago, waiters at the 
English taverns used to wash the money which they gave 
back in change to the gentry, dry it with a clean towel, 
and then present it on a silver salver! In England, and, 
indeed, over all continental Europe, the laboring and me- 
chanical classes are despised by the "ladies" and " gen- 
tlemen" of the upper circles, and occupy a position of 
inferiority, from which it is almost impossible for them 
to emerge, otherwise than by emigrating to America.* 

264. How fared it with the nobility all this time? 

How fares it yet with them in nearly every European 
country? Possessing privileges granted to them or their 
ancestors by the King, they own the land on which all 
others are rent-paying tenants. Rolling in enormous 
wealth, the proceeds of their rents, they lack nothing 
that money can buy. Education in its highest sense, 
architecture and other fine arts, social eminence, politi- 
cal influence, seats in the House of Lords of which only 
death or treason can deprive them — these are but a few 

*The last three pages are altered from a speech delivered by Hon. J. W. Dwi- 
ndle, at San Francisdo, August 27th, 1871. 

264. How fares it with the nobility ? What legal privileges has an English 
lord? 



210 POLITICAL IDEAS. [Lesson 23 

of their privileges. In England, a peer of the realm 
cannot be arrested in civil cases. Sitting in judgment, 
he gives not his verdict upon oath, like an ordinary 
juryman, but upon his honor! He answers also to bills 
in chancery upon his honor, and not upon oath. It is 
much more penal to spread false reports of the nobles 
than of other men; scandal against them being called by 
the peculiar name of scandalum magnatum, and subjected 
to peculiar punishments by divers ancient statutes.* 

265. The nobles attend upon the King's person. 
They are always members of his ministry, high in com- 
mand in the Army and Navy, preferred by the King for 
Foreign Ministers and as Governors for colonies. They 
have the right to appoint priests in the State Church to 
their livings. And when assembled in the House of 
Lords, no measure can become a law until it has received 
their approval. The House of Lords constitutes the 
highest court of appeal known to the English law. The 
nobles alone have the right to hunt in the King's forests, 
and to reserve large tracts for game parks, though the 
lands thus wasted be needed to raise food for human 
beings. 

266. You now see how the modern system of 
European nobility originated, and how its opera- 
tion tends to divide society into classes. You can 
also form some idea as to its injury to the rights 
of the people, its utter inconsistency with the 
American doctrine of equality, and its consequent 
injustice to the great mass of mankind. Of the ab- 
surdity and falsehood of the pretensions of aristocrats 
we shall treat in the next lesson. 

* Blackstone's Com., §402. 

265. What is the position of the nobles in the English G-overnment ? 

266. Are orders of nobility injurious to the people? Are they consistent with 
equality? 



Lesson 24] AB1S TOCBAC Y. 211 

LESSON XXIV. 

OF THE AMERICAN IDEA OF ARISTOCRACY, NO. II. 

287. The question remaining for -discussion at the 
close of the last lesson was: 

Is it not absurd that one class of men should claim the 
right to lord it over others ? 

The modern European idea of exclusive privileges con- 
ferred upon the ruling class originated far back in the 
early history of mankind; and as a part of a consistent 
whole, though erroneous and oppressive, it was origi- 
nally not absurd. But when we come to consider the 
pretensions of the descendants of those ancient nobles, 
and especially of the subordinate stratifications of society 
under monarchical rule, there is much which the Ameri- 
can must either laugh at or despise. 

ANCESTRAL AniSTOCBACY. 

268. The highest pretensions of nearly all modern 
European aristocrats depend upon the so-called " purity 
of their blood." That is, all they are, and all they 
have, they owe to the talents, the good fortune or 
position of their fathers. In England there are offi- 
cers called heralds, whose business it is to trace the 
genealogies of those who boast of having " blue blood" 
in their veins, and to establish by their researches what 
" coats of arms"* such persons are authorized to assume. 

* A species of inherited man- mark, highly valued by men incapable of earn- 
ing any other distinction. 

287. Was the idea of conferring special privileges on the ruling class absurd, 
under the feudal system? How is it in reference to the pretensions of the 
descendants of the old nobles ? 

268. Upon what do the claims of modern aristocrats generally depend ? What 
are heralds ? For what purposes are they employed ? When is an European re- 
garded as of better blood than others ? What tendency runs through European 
society on this subject? 



212 POLITICAL IDEAS. [Lesson 24 

If, by the aid of these heralds, one can prove himself 
descended from some great person long since dead, Eu- 
ropean opinion deems him of better or purer blood than 
others not so fortunate. And this tendency to honor 
men for what their ancestors were, regardless of 
what they are themselves, runs all through mon- 
archical society. . Yet look at it for a moment. 

ITS FALLACY. 

269. Every human being has two parents, four grand- 
parents, eight great-grand-parents, sixteen ancestors of 
the fourth generation, thirty-two of the fifth, and so on. 
By the time he has gone back to the fifteenth genera- 
tion, or 500 years, he finds he had no less than 32,768 
ancestors, of that date. Now if one ancestor out of 
32,768 was noble, what do the heralds know of the re- 
maining 32,767 ? Even if they prove much intermarriage 
among them — though fifty, or an hundred, or five hun- 
dred of them were noble— is it not self-evident that how- 
ever clearly one may trace a few drops of his blood, the 
great bulk of it must be derived from a multitude of 
people, of whom he can know nothing except that they 
must have included all conditions and characters of 
men? 

ABSURDITY OF FAMILY PRIDE. 

270. This notion of respecting a man on account of 
the circumstances, property or title of his fathers, in- 

269. How many ancestors of the 15th generation does every person have ? 
How much of any man's blood can be *' noble " in this point of view? 

270. How do Americans regard the claims of those persons to respect who 
have only their inherited honors or property to boast of? How with those de- 
scended from great intellects? What is the matrimonial law of attraction? 
How does this affect children ? What would be the result on society if this law 
c&d not exist ? Do the sons of great men usually degenerate ? Does nature create 
hereditary aristocracies of talent ? Do we observe such a phenomenon in our 
own country? What was the reply of Marius to the taunt about his low birth ? 



Lesson 24] ABISTOCBACY. 213 

stead of estimating him by his personal qualities, is 
contemptible enough in the eyes of all right-minded 
Americans. But when it comes to be applied to those 
who consider themselves aristocrats by reason of the 
intellectual superiority of their ancestors, its absurdity 
becomes evident. The law of nature in matrimonial 
attachments causes opposites to attract each other. 
An intellectual man or woman generally marries a per- 
son who is mentally his or her inferior. Their children 
taking after both parents, to a greater or less degree, 
are therefore necessarily inferior to the better of them. 
If this were otherwise, aristocracy would be intensified 
by nature, through successive generations of great 
minds. 

But so far is this from being the case, that it has 
passed into a proverb that "the sons of great men 
usually degenerate." The few cases to the contrary 
that have occurred in history are the exceptions that 
prove this rule. Nature creates no hereditary aris- 
tocracy of talent. The greatest of men, such as Alex- 
ander, Aristotle, Socrates, Hannibal, Csesar and Wash- 
ington, left no children. In our own country, the 
descendants of Franklin, Jefferson, Jay, Marshall, Ham- 
ilton, Jackson, Webster and Clay, have none of them 
exhibited the talents of their immortal progenitors. 
The great men of America are in fact like Marius of 
Home, who, being taunted with the remark that "he 
was the son of a nobody," retorted, "I would rather "be 
the first of my race than the last of yours." 

From these considerations we see how absurd 
is the notion that the longer the process of diluting 
the blood of a great man goes on, the purer that 
blood becomes. As well tell us that the farther one 
goes from a fire, the greater are its light and heat! 



214 POLITICAL IDEAS. [Lesson 24 

THE AMERICAN IDEA. 

271. Now the American idea of aristocracy is drawn 
solely from Nature and Revelation. We say, let all 
men be equal so far as human laws only are con- 
cerned; equal in rights, as they are in breathing 
the air or seeing the sun. But in respect to the in- 
finite varieties of talent and character bestowed at 
each man's birth by his Maker, the law must not 
repress, but protect the development of the indi- 
vidual. No two persons are created exactly alike. 
Some have gifts of eloquence, poetry, or fine art. Some 
are inventors; some authors; some excel as soldiers, 
sailors, mathematicians, mechanics, or financiers. Now 
the American law protects each in his possession 
of all that he can himself gain by the exercise of 
his peculiar talent, so long as he does not trespass 
upon the rights of other people. Reputation is de- 
fended against slander and libel. The author is pro- 
tected by the copyright laws; the inventor by the patent 
laws. The acquisitions of all are secured by the thousand 
provisions of the civil law. And thus during the lives 
of successful persons, they enjoy the benefits of a 
sort of aristocracy. Thus we have the aristocracy of 
talent; the aristocracy of learning; the aristocracy of 
wealth. The mass of mankind naturally honors suc- 
cessful men in every calling, and successful men will 
naturally reverence and assist each other. But this 
kind of aristocracy is natural, and is consequent 
upon a free state of society. Freedom would be de- 
stroyed were the law to interfere with it. 

271. From whence is the American idea of aristocracy derived ? Do we create 
inequalities by law ? Does nature create them? How does our law treat natural 
inequalities? How does it protect natural talents and acquisitions? What 
aristocracy results from this protection ? Is this a natural aristocracy ? Can 
free laws interfere with it? 



i^sson 24] ARISTOCRACY. 215 

AMERICAN ARISTOCRACY NOT HEREDITARY. 

272. America enacts no such laws as the English 
contrivances of primogeniture and entail, whereby 
property is banded down from generation to generation, 
in the line of the oldest son only. The rich American, 
dying without a will, leaves his property to all his 
children, male and female, share and share alike. And 
each, being free to do what he pleases with his share, 
generally soon experiences the truth of the proverb, 
that " riches certainly make themselves wings; they fly 
awa}^ as an eagle toward heaven/'* Even if this do not 
happen, a large fortune, divided into several portions, 
becomes distributed among several persons. The sol- 
dier, the author, the statesman, cannot receive a title 
from majesty, to be handed down to his oldest son after 
him. The son of the soldier must win his^own epaulettes. 
The son of the statesman must make his own speeches. 
The son of the author must write his own books. No 
man can profL by his father's reputation, save to the 
extent of the presumption it creates in favor of his 
education, whilst the chances are, that in making a name 
for himself he will be completely outstripped by the son 
of some blacksmith, cobbler or hod-carrier, who never 
dreamed of being father to a senator or a genius. Thus 
the personnel of American aristocracy changes so 
constantly that it is too transient ever to endanger 
the liberties of the people. 

* Prov. xxiii: 5. 



272. Uave we any laws of primogeniture and entail? What are these laws? 
What is their result upon society ? What becomes of the rich man's fortune 
when he dies in the United States ? Can titles be conferred upon successful men 
in America ? Must each man earn his own honors and reputation ? Does the 
personnel of American aristocracy continually change ? Why does it not endanger 
the liberties of the people ? 



216 POLITICAL IDEAS. [ Lesson 2 ± 

WHO SUCCEED AMERICAN ARISTOCRATS? 

v 273. Who but the children of the people ? "Who but 
those enjoying equal advantages of education and devel- 
opment under equal laws, who are clever enough, strong 
enough, persevering and industrious enough to win the 
prizes which our system offers anew to each generation? 
" To him that hath (talent, industry and perseverance) 
shall be given (the earnings of those qualities in the 
good things of the world); but from him that hath not, 
shall be taken away even that which he hath."* 

Notes. — Said Spotswood, a royal Governor of the colony of Vir- 
ginia, in 1710: "The inclinations of the country are rendered 
mysterious by a new and unaccountable humor which hath obtained 
in several countries, of excluding the * gentlemen ' from being bur- 
gesses, and choosing only persons of mean figure and character." — 
2d Bancroft, 453. 

" The immense majority of the American families were not of the 
' high folk of Normandy, ' but were of the low men who were Sax- 
ons. This is true of New England; it is true of the South. Shall 
the Virginians be described in a word ? They were Anglo-Saxons in 
the woods again, with the culture and intelligence of the seventeenth 
century. ' The major part of the house of burgesses now consisted 
of Virginians that never saw a town.' The Anglo-Saxon mind, in 
its serenest nationality, neither distorted by fanaticism nor subdued 
by superstition, nor wounded by persecution, but fondly cherishing 
its active instinct for personal freedom, secure possession, and legis- 
lative power, had made its dwelling place in the empire of Pow- 
hatan." — 2d Bancroft, 452. 

"That the sweat and tedious labor of the husbandmen, early and 
late, cold and hot, wet and dry, should be converted into the pleas- 
ure, the ease and pastime of a small number of men; that the cart, 
the plow, the thresh, should be in inordinate severity laid upon 
nineteen parts of the land to feed the appetites of the twentieth, is 
far from the appointment of the Great Governor of the world." — 
Pcnn. I, 496. 

*Matt. xxv : 29. 
273. Who succeed American aristocrats ? Quote the text from Matthew ? 



Lesson 24] ARISTOCRACY. 217 

" Man is equal to his' fellow-man. No class can by long appren- 
ticeship, or a prelate's breath, by wearing black, or shaving the 
crown, obtain a monopoly of moral truth." — Barclay, VII, 310, 311. 

" Every man has God in his conscience. All men are alike by 
creation, and it is a slavish fear which reverences others as gods, 
What a pother has noble blood made in the world! But men of 
blood have no marks of honor stamped on them by nature. My 
Lord Peter and My Lord Paul are not to be found in the Bible. My 
Lord Solon or Lord Scipio is not to be read in Greek or Latin sto- 
ries.— Barclay, I, 417. 

For Bible authorities forbidding either the creation or reverence 
of privileged orders among men, the reader can consult the follow- 
ing: 

Matt, xx : 25-28; Matt, xxiii: 8-12; Matt, ii: 10; Acts x: 34; Jot 
xxxiv: 19; James iii; 1; 1st Peter v: 3; Romans ii: 11; James ii; 
2-9; Phillippiansii: 3; Matt, vii: 12; Jobxxxii: 21-22. 

4 'No man or association of men have any other title to obtain 
advantages, particular and exclusive privileges, distinct from those 
of the community, than what arises from the consideration of ser- 
vices rendered to the public — and this title being, in nature, neither 
hereditary nor transmissable to children or descendants, or relations 
of blood, the idea of a man born a magistrate, law-giver or judge, 
is absurd and unnatural." — Const. Massachusetts, Part I, Sec. 6. 

The Peince and the Citizen. — Within a year or two, the whole 
world has had extraordinary opportunities of measuring the distance 
between Princes of the blood royal and a plain citizen of the United 
States, as announced by public opinion. The Duke of Edinburgh 
visited but few places outside the dominions of his royal mother, and 
cannot be justly brought into competition with the latter. The 
Grand Duke Alexis of Russia is now (1872) on his travels, attended by 
a splendid fleet of war vessels, and a no less splendid retinue of 
courtiers and high nobility. He is received everywhere with the 
honors due his rank, and the generous hospitality of the nations. 
It is to his position, and not to the individual, that unsparing hom- 
age is done. He comes as the princely representative of one of the 
most powerful empires in the world— as the nearest immediate rela- 
tive of the Czar— and he comes in all the pride, pomp and circum- 
stance of royalty itself. Wherever he goes, he will be received with 
the attention due to the Grand Duke, and it is meet that such 
should be his greeting. 
19 



218 POLITICAL IDEAS. [Lesson 25 

Another quite different picture now presents itself for remark. A 
plain citizen of the United States, holding no official position, rep- 
resenting no one but himself, in a quiet, unostentatious and per- 
fectly republican style, makes a tour of observation extended to 
many countries, with as many differing systems of government, laws, 
habits, religion, and observances. His whole attendance is com- 
posed of two ladies and a male friend. No fleets, nor armies— none 
of the surroundings which herald rank and royal blood — accompany 
his movements, but wherever he goes, Kings and Princes delight to 
do him honor. Potentates place their resources at his disposal. 
His person is as safe as if he lived in a sanctuary. Palaces fly open 
at his approach. Bailways, war vessels, camels and elephants are 
at his command. Music, feasting, and every hospitality are lav- 
ished on him by royal hosts. Nothing is omitted to render him 
happy and welcome. It is the man, and not his position, which 
commands such notable respect. It is his brilliant genius, his won- 
derful mental calibre, his powerful intellect, his splendid services to 
his country, which have provided him with Aladdin's lamp. Such 
Americans as William H. Seward need no royal blood to command 
a world's homage. 

In America, the "gentleman" is the gentle man; i.e., the man 
who respects all the rights of others; in Europe, he is the genteel 



LESSON XXV. 

OF POLITICAL PARTIES. 

274. Americans are very apt to lose sight of the 
principles of their Government, because their eyes 
are too often blinded by the glare of party fire- 
works. Since the earliest days of the Republic, party 
strife has always enlisted the feelings and passions of 
the whole people, from the President in the Capitol to 

274. Why do Americans often lose sight of the principles of their Govern- 
ment? Have political parties always existed? -Do they include all citizens? 
Do they sometimes seem to threaten civil war. Have they ever resulted in -civil 
war ? When ? 



Lesson 25] POLITICAL PARTIES. 219 

the lowest ward politician in the cities. And to such a 
degree of fury has party spirit been indulged, that we 
seem on the verge of civil war at every general election; 
and in 1861 that catastrophe actually resulted on a 
larger scale than the world ever before witnessed, and 
involving consequences that will be felt to the remotest 
generation of our people. 

275. Is the political party an American idea, or is it only 
an evil inseparable from free institutions? 

From what we learned in Lessons VIII to XI, and XVI 
to XVIII, concerning free and public opinion, and the 
means of making and ascertaining it, we see that politi- 
cal parties are a logical sequence of a republican 
form of government. The people are sovereign. The 
majority rules. In order to ascertain the majority, prop- 
ositions must be stated and candidates nominated to 
sustain or oppose them; the voters must be marshaled 
in favor of or against them; and sufficient opportunity 
given to each citizen to understand what and whom he 
votes for at the election called to decide the questions at 
issue. Hence, party platforms, newspapers, political con- 
ventions, mass meetings, processions, " stump" speak- 
ing, political clubs, societies, leagues and unions. Hence 
the excitements of every political canvas. Hence the 
apparent supremacy of party to patriotism in the 
public mind. And hence the necessity of always bear- 
ing in mind where the benefits of political parties 
end, and where the dangers of party spirit begin. 



275. Are political parties necessary under our form of government? Why? 
Can majorities be ascertained or political opinion formed on political questions 
without them ? What machinery is used by political parties ? Is party apparently 
superior to patriotism in the United States ? Is it rtaily so ? What limit must 
be observed in the use of party ? 



220 IVLITICAL IDEAS. [Lesson 25 

THEIR BENEFITS. 

276. " Eternal vigilance is the price of liberty." 
" The opposition is the glory of a Free Government." 

While under Monarchy, opposition is kept down by 
force, its leaders executed, or imprisoned, or banished 
as traitors, its meetings proscribed and prevented by the 
police: with us, as in England, it is a portion of the grand 
system of checks and balances in the Government. 
Each set of party leaders knows that their contin- 
uance in office depends upon the majority at the 
next election, and that the majority -will be against 
them if by mismanagement of public affairs they 
lose the public confidence. Hence one weighty rea- 
son why, no matter who held the offices, our Govern- 
ment has always been so conducted as to secure all the 
objects for which it was created.* 

277. The violent moral agitations which precede our 
frequent elections are a sufficient, though harmless, 
gratification of that popular love of excitement 
which, by the laws of human nature, must have occa- 
sional free vent everywhere, in soiue shape or 
other. Men naturally are contentious. They must' 
have fighting of some kind; some cause to espouse, 
some enemy to overcome. In Europe this passion is 
sated by frequent wars ; but with us it is suffi- 

*See Sec. 71. 

276. What is the. character of the "opposition" tinder a Free Government? 
What is it under Monarchy ? What is the effect of the opposition on the minds 
of parties in power ? What result has this produced on the administration of 
the Government ? 

277. What is the effect of political excitement in satiating the natural love of 
contest in the human breast? Are men naturally contentious? How is this 
passion gratified in Europe ? How in America ? Which method is most condu- 
cive to happiness? What should thoughtful minds tired of our politics remem- 
ber? 



Lesson 23] POLITICAL PAUTIES. 221 

ciently exhausted by the mimic war of the ballot- 
box, without producing any physical harm to 
either victors or vanquished. Thoughtful minds 
should remember this when wearied of the party clack 
that is continually dinned into their ears. Better to 
bear this ill than to fly to its alternative, so fright- 
fully destructive of human happiness under all other 
Governments. 

278. Parties are the only means of causing Gov- 
ernment to feel its responsibility to the people, by 
continually changing the persons who compose it. 
" Rotation in office" * is an American idea. Alternation 
in party majorities is the only means of reducing this 
principle to practice. 

THEIR DANGERS. 

279. But while political parties are necessary, and 
beneficial when confined within their legitimate bounds, 
they become fraught with the gravest dangers 
when allowed to exceed those bounds. Said Wash- 
ington, in his Farewell Address to his countrymen: 

" Party spirit, unfortunately, is inseparable from our 
nature, having its root in the strongest passions of the 
human mind. It exists under different shapes in all Gov- 
ernments, more or less stifled, repressed or confined: 
but in those of the popular form it is seen in its greatest 
rankness, and is truly their worst enemy. 

" The alternate dominion of one faction over another, 
sharpened by the spirit of revenge natural to party dis- 
sension, which in different ages and countries has perpe- 

* See Massachusetts Declaration of Rights, Part I, Sec. 8. 

278. How do parties Effect rotation in office? What is the effect of this upon 
the minds of the public servants ? 

279. What dangers are inherent in party spirit? Give the substance of the 
quotation from Washington's Farewell Address to his countrymen ? 



222 POLITICAL IDJUA8. [Lesson 25 

trated the most horrid enormities, is itself a frightful 
despotism. But this leads at length to a more formal 
and permanent despotism. The disorders and miseries 
which result, gradually incline the minds of men to seek 
security and repose in the absolute power of an indi- 
vidual; and sooner or later the chief of some prevailing 
faction, more able or more fortunate than his competitors, 
turns this disposition to the purposes of his own elevation 
on the ruins of public liberty. * * * Party spirit 
serves always to distract the public councils, and en- 
feeble the public administration. It agitates the com- 
munity with ill-founded jealousies and false alarms; 
kindles the animosity of one part against another; 
foments occasional riot and insurrection. * * * In 
Governments purely elective it is a spirit not to be en- 
couraged. From their natural tendency it is certain 
there will always be enough of that spirit for every 
salutary purpose; and there being constant danger of 
excess, the effort ought to be, by force of public opinion, 
to mitigate and assuage it. A fire not to be quenched, 
it demands a uniform vigilance to prevent its bursting 
into a flame, lest, instead of warjning, it should consume." 

280. These words of the immortal "Washington, so 
thoroughly fulfilled in our own day, should never be 
forgotten by any American citizen. Eemember, there- 
fore, that: 

A. Party spirit, like water and fire, is necessary 
under the American system. But it must be kept 
within bounds, or, like the flood or the conflagra- 
tion, it will sweep away or destroy the whole 
fabric of our institutions. 



280- A. What does party spirit resemble in its uses and abuses? How must 
it be controlled ? If not controlled, what results? 



Lesson 251 POLITICAL PARTIES. 223 

B. That the legitimate sphere of political parties 
is in the election of men to offices created by exist- 
ing Constitutions: in the promotion of measures 
tending to improve or alter existing laws by Con- 
stitutional means: or in procuring amendments to 
the Constitution in the manner provided therein. 

C. That party spirit exceeds the limits prescribed 
by the public safety, when it seeks to overthrow 
the Government by force. This is treason and 
revolution. 

D. That party becomes dangerous when it 
Takes geographical limits ; 

Admits sectarianism among its principles ; 

Seeks to govern by a higher law than the Con- 
stitution ; 

Seeks the personal interest of its leaders ; 

When its meetings are Secret ; 

When its members use signs, pass- words, 
badges and colors ? 

When it interferes with private friendships ; 

When it employs lying, slander, falsehood and 
deception ; 

When it coerces individual opinion ; 

When it destroys individuality of character ; 

When it secures the election of bad men 1 on 
: party grounds only ; 

When it tampers with the election laws — 
by bribery, by si stuffing the ballot-box," 
" colonizing," or other means ; 

When it forgets patriotism in its own interest, 
merging the great system of American 

B. What is the legitimate sphere of party? 

C. When does it transcend the limits of public safety? 

D. When does it become dangerous? G-ive each of the thirteen cases men- 
tioned? 



224 POLITICAL IDEAS. [Lesson 25 

ideas in the fleeting questions of the hour, 
or in the interests of particular men. 

E. That the safest, most permanent and most 
useful line of party division, is that between con- 
servatives and progressives. 

F. That no good citizen should hesijtate to leave 
any party, which, being guilty of these errors or 
excesses, endangers the peace and permanence of 
the American nation. When all parties are thus 
alike tainted, then the dissolution of our Govern- 
ment becomes only a question of time. 

Notes. — For an able and exhaustive discussion of the sutyect of 
this Lesson, see Leiber's Political Ethics, Vol. II, 412. 

E. What is the safest, most permanent and useful line of party demarcation ? 

F. When should good citizens' leave a party? What will happen when all 
political parties become demoralized? 



Part ii. 



LEGAL IDEAS. 



PAET H. 
LEGAL IDEAS. 



281. On turning back to the " Classification of Ameri- 
can Ideas," you will see that we have hitherto treated 
exclusively of " POLITICAL IDEAS, which are the 
principles regulating the action of the people in 
forming and maintaining the Government in such 
shape that it is strong enough to punish criminals 
and protect its citizens in the enjoyment of all their 
rights, and yet powerless to do any harm to its own 
law-abiding people." 

282. "We come now to the discussion of those LEGAL 
IDEAS which underlie the laws through which 
the Government deals with accused person^ and 
criminals, and regulates the rights of property and 
personal relations between man and man. 

283. In Lesson 2, Sec. 53 (of Law), we saw that 
American Laws are divided into Criminal, CivM, 
Maritime, Military, and Revenue Laws, and the 
Law of Nations, 

Were we to undertake to give a clear idea of all those 
departments of law, not only would such discussion 
greatly exceed the limits of this work, and be above the 
comprehension of young minds, but it would embrace a 
field occupied in common by all systems of laws. For 



228 LEGAL IDEAS. [Lesson 26 

all civilized nations have laws regulating the arrest and 
punishment of criminals, personal rights, property, 
armies, taxes, shipping, and foreign relations; and so 
vast is the scope of these laws that very few even of 
professional lawyers are found to be expert in those of 
any country save their own. We have heretofore, in 
Lessons 20 and 21, explained the distinctive American 
idea which subordinates tile military to the civil power. 
In Lessons 5 and 9, we have shown that in America 
there is no taxation without representation, and that all 
officers employed in collecting the revenue are responsi- 
ble to the people. And in Lesson 22, we have shown 
something of the American mode of dealing with foreign 
nations. We have now no more to say on the subjects 
of Military or Revenue law, or the Law of Nations. And 
on the topics of Criminal and Cival Law, we propose 
only to touch upon those fundamental ideas, peculiar to 
our system, which are of vital importance to personal 
liberty and happiness; are expressed in our Constitutions 
and Statutes, and easy of comprehension to every reader. 



LESSON XXVI. 

OF CRIMES AND PUNISHMENTS. 

284. What is the division line between criminal and civil 
law? 

The same that distinguishes public from private wrongs. 

284. What is the distinction between criminal and civil law ? Define private 
wrongs ? Define public wrongs ? Give an instance of a private wrong ? Of a 
public wrong? (The teacher can here exercise his pupils by requiring them to 
give a variety of cases of each, so as to attain a clear idea of the fundamental 
division of law.) 



lesson 26] CRIMES AND PUNISHMENTS. 229 

" Private wrongs or civil injuries, are an infringe- 
ment or privation of the civil rights which belong 
to individuals, considered merely as individuals; 
public wrongs, or crimes and misdemeanors, are a 
violation of the public rights and duties due to the 
whole community, considered as a community, in 
its aggregate capacity. If I detain a field from 
another man, to which the law has given him a right, 
this is a civil injury and not a crime; for here only the 
right of an individual is concerned, and it is immaterial 
to the public which of us is in possession of the land; 
but treason, robbery, and murder, are properly ranked 
among crimes; since, beside the injury done to individ- 
uals, they strike at the very being of society, which can- 
not possibly exist if actions of this sort are suffered to 
escape with impunity."* The divisions between crim- 
inal and civil law are therefore the same as stated in 
Sec. 53. 

285. The criminal law being the protection of civilized 
society to the individual members thereof, against the acts of 
such persons as will not voluntarily respect the rights of 
others, must be framed and executed in such manner as to 
show clearly wliat acts are criminal. How is this managed 
in the United States ? 

The Legislatures of all the States, and the Congress 
of the United States, pass laws defining all the crimes 
and misdemeanors which are intended to be punished 
by their respective courts. That is, the laws of each 
State refer only to crimes and misdemeanors committed 

*Blacli stone's Com., Book IV, 5. 



285. How must the criminal law be framed and executed? How is this man- 
aged in the United States ? What is the distinctive jurisdiction between the 
Government of the State and the United States in this department ? Who is the 
prosecuting party in criminal actions ? Why ? Wherein is the commonwealth 
offended by the commission of a crime ? 



230 LEGAL IDEAS. [Lesson 26 

within that State, and these are investigated and pun- 
ished only by the courts of that State. And the criminal 
laws of Congress refer only to offenses which cannot be 
reached by the State courts, such as piracy and murder 
on the high seas, and criminal acts committed in the 
District of Columbia and the territories where there are 
no State Governments, or against the Federal Govern- 
ment. In these cases the crimes are punished by the 
Federal Courts. In all criminal cases the State or the 
United States (according to their several jurisdictions) 
is the prosecuting party, because the Government, 
undertaking as its first duty to protect life, liberty, and 
property, is offended by every violent assault upon in- 
dividual rights; for these injure, not only individuals, 
but the dignity and peace of the commonwealth. 

DEFINITIONS OF PARTICULAR CRIMES. 

286. All crimes and misdemeanors are strictly- 
defined in the laws. No matter how grievous an 
act may be, if it were not defined to be a crime 
when committed it cannot be punished, for it vio- 
lates no law. Crimes are divided into classes like the 
following : 

A. Crimes against the Government and people, 
such as treason, and the misprision (or knowledge and 
concealment) of treason. 

B. Offenses against the persons of individuals, 
such as murder, manslaughter, mayhem, (or maiming) 

286- Are all crimes and misdemeanors strictly defined by the laws ? Can any 
act be punished as a crime, if not so defined in the law when the act was com- 
mitted? Are crimes divided* into classes? What crimes are included among 
those against the Government and people ? Against the persons of individuals ? 
A.gainst habitations and other buildings ? Against property ? What are forgery 
and counterfeiting? Crimes against public justice ? Offenses against the pub- 
lic peace? Against public morality? Against health and nolice? What 
offenses are punishable by United States law ? 



Lesson 26] CB1MES AND PUNISHMENTS. 231 

duelling, prize-fighting, drawing deadly weapons, poi- 
soning, rape, assault, false imprisonment, and kidnap- 
ping. 

C. Offenses against habitations or other buildings, 
such as arson, burning of ships, and burglary. 

D. Offenses against property, such as robbery, lar- 
ceny, receiving stolen goods, embezzlement, destroying 
title deeds. 

E. Forgery and counterfeiting -of .money, papers, 
etc. 

F. Crimes against public justice, such as perjury, 
bribery, stealing or altering records, conspiracy, extor- 
tion, and opening another's letters. 

G. Offenses against the public peace, such as riot, 
disturbing the peace at night, disturbing a religious as- 
sembly, and libel. 

H. Offenses against public morality,, such as 
bigamy, polygamy, gambling and lotteries. 

I. Offenses against health and police, such as main- 
taining nuisances, selling bad provisions, and obstructing 
the public highway. 

J. Offenses by cheats, swindlers and other fraud- 
ulent persons. 

K. Fraudulent and malicious mischief.* 

The criminal laws passed by Congress also punish 
violations of Federal Statutes, such as offenses against 
the post office, counterfeiting United States coin or se- 
curities, frauds on the United States revenue, etc. 

DISTINCTION BETWEEN CRIME AND SIN. 

287. Now f as we have frequently repeated, every 

*See Statutes of California, " Crimes and Punishments.*' 

287. What is the distinction between crime and sin ? Are there not many acts 
wrong in themselves, which the State cannot punish as crimes or misdemeanors 5 



232 LEGAL IDEAS. [Lesson 2G 

person is permitted under our form of government 
to do whatever he pleases, so long as he does not 
infringe upon the rights of others. All acts that 
infringe upon the rights of others are fbrbidden by 
the laws. Therefore every person may do as he 
pleases, so long as he does not violate the laws, and 
he can violate the criminal law only by inten- 
tionally committing some act -which is especially 
and clearly prohibited, and to which a distinct 
punishment is attached by the law. 

And here the distinction between sin and crime must 
be carefully borne in mind : Sin is offending against 
the laws of God, and includes not only such acts as 
tend to injure other people, but also such as injure only 
the person who commits them. But •with the latter 
class of offenses (as we have seen in Sec. 31,) society 
— that is, the State — has nothing to do. Neither can 
it notice mere motives so long as they are not carried 
into effect, although no act is criminal unless committed 
with a criminal intent. 

To illustrate: John says, " Whosoever hateth his 
brother is a murderer/'* Hating one's brother is a sin, 
but so long as the brother is not injured by such hatred, 
no crime is committed. By such sin the hater hurts 
only himself, for he destroys his own peace of mind; 
but so long as he does no injury or " overt act " to his 
brother, the State cannot notice his mental condition. 
But let him give way to this feeling, and beat or kill his 

* 1 John iii: 15. This means that he has the motive in his heart which, if in 
dulged, will make him a murderer. 

Where does the State begin to have the right to interfere ? Can the State notice 
mere motives ? Does it notice the motive when a criminal act has been committed ? 
Can any act be a crime unless it proceeded from a criminal motive ? Quote the 
instance illustrating this distinction ? Which of the Ten Commandments does 
the State not enforce ? Why not ? 



Lesson 26] CRIMES AND PUNISHMENTS. 203 

brother: now the crime or overt act is committed 
which the State must notice, because it must pro- 
tect the brother's right to life and liberty ; and in 

trying the murderer, the hatred must be proved as the 
motive to the crime, for it is no murder to kill a man 
by accident. 

So also, American law does not undertake to enforce 
those of the Ten Commandments which prescribe man's 
duty towards God. To attempt this would be for 
man to usurp the place of God. It would interfere 
with freedom of conscience, re-unite Church and State, 
establish an inquisition over men's most secret thoughts, 
and throw society into confusion. 

The State therefore has nothing to do with sin ; 
it deals only with crimes and misdemeanors as de- 
fined by its own laws, and to each of these it pre- 
scribes a special degree of punishment, in proportion to 
the offense. 

PUNISHMENTS. 

288. As all crimes are assaults upon the life, liberty, 
property or happiness of the persons suffering therefrom, 
so the Government punishes criminals by the depriva- 
tion of their life, liberty or property, and consequent hap- 
piness. But the punishment in the United States is 
always graduated according to the nature of the 
offense.* Thus, murder in the first degree, which is 

*By the laws of England, a century ago, not less than one hundred and sixty 
different offenses were punishable with death. — Blackstone' s Com., Book IV, 19. 



288. How is punishment in the United States always proportioned? What 
crimes are punished with death ? What with imprisonment for life, or for a 
long term of years ? What for a shorter term ? How are misdemeanors pun- 
ished? What other punishment is used besides death and imprisonment? 
What criminals are deprived of the right of suffrage ? How only can this be re- 
stored ? 



234 LEGAL IDEAS. [Lesson 26 

tlie billing of a human being with malice aforethought, 
is punished with death. So also is treason, and the 
willful burning or breaking open of a house, whereby a 
life or lives shall have been destroyed. Murder in the 
second degree, and manslaughter, are punished with 
imprisonment in a State prison for ten years or for life. 
Grand larceny, burglary, forgery, bigamy, and all other 
offenses described in the laws as ' ' felonies," are pun- 
ished by confinement in the State Prison for not less 
than one year, or for a longer period, proportioned to 
the gravity of the offense. Many other lesser offenses, 
known by the name of " misdemeanors," are punished 
by imprisonment in a county jail for not more than one 
year. Many offenses, both felonies and misdemeanors, 
are also punishable by fines, or by both fine and impris- 
onment, at the discretion of the Judge. A person con- 
victed of any felony thereby forfeits his right of suffrage 
as long* as he lives, unless pardoned by the Governor 
before the expiration of his sentence,* 

OBJECTS OF PUNISHMENT. 

289. The objects of punishment under the American 
system are threefold : 

A. The amendment of the offender himself; in 
that he will not be likely to offend again, after having 
found by experience that "the way of the transgressor 

is hard."f 

B. Deterring others from crime through dread of 
his example. Hence one motive for the universal pub- 
lication of all Court proceedings- in the United States. 

*See Sec. 207. 
tProverbs xiii: 15. 



289. What are the objects of punishment under the American system ? Is re- 
venge ever admitted as a motive of pnnishment by the State '/ 



Lesson 27] BIGnTS OF ACCUSED PERSONS. 235 

C. Depriving the party injuring another of the 
power to do future mischief. Hence, the punish- 
ments of death and of long imprisonments.* 

But the motive of revenge, "being under all circum- 
stances forbidden to men, must never enter into 
the punishment of criminals by the State. " Ven- 
geance is mine; I will repay, saith the Lord/'f 

Note. — The distinction between crime and sin, as limiting the 
power of society over the individual, has been strangely overlooked 
in all countries ruled by priests, without much distinction of the 
religion they taught. Nearly all of the supposed offenses punished 
by the Inquisition were those against God — certainly, they were not 
against other men, or society. And in the Blue Laws of New Haven 
colony, the Anti- Quaker laws of Plymouth and Massachusetts Bay, 
the Blue Laws of New York, Maryland, Virginia and South Caro- 
lina (see Case, Tiffany & Co's edition, Hartford, 1838), many 
curious statutes are recorded, fettering the freedom of thought and 
private conduct of individuals almost as thoroughly as the Levitical 
Law of Moses. But the early colonists "builded greater than they 
knew." Their mistakes are but trifles, when we consider the pres- 
ent consequences of the principles they eliminated during the col- 
onial school-days of the nation, 



LESSOR XXVII. 

OF TfiE BIGHTS OF ACCUSED PERSONS, NO. I. 

290. Most of the crimes forbidden by our laws are in 
like manner prohibited by the laws of Monarchical Gov- 

*Blackstone's Com., Book IV, 12. 

tRom. xii: 19. See also Deut. xxxii: 35, 41; Ps. xciv: 1 Heb. x: CO. 

290. What is the object of all American institutions? Is a person who is 
merely accused, but not convicted of crime, entitled to protection ? Why should 
he not be ? What mistakes are liable to arise in making accusations ? What 
tyrannies threaten personal liberty under pretense of accusation of crime? On 
what two maxims is our whole criminal law based ? Is the protection of accused 
persons in all their rights a distinctive American idea ? 



236 LEGAL IDEAS. [Lesson 27 

ernments, as also are many acts which are not deemed 
criminal in America. But in the United States the 
object of all our institutions is to protect the citizen. 
A person who is merely accused, but not yet convicted 
of crime, is as much entitled to this protection as any 
other citizen. Why should he not be ? Every human 
being is liable to be mistaken, and may accuse the 
wrong person of an offense against the laws, or may 
make a malicious accusation, ox may cause a person 
to be arrested for an act which is not a crime. Ox 
the officers of the Government may seek to oppress 
individuals by false charges, unfair trials, illegal 
imprisonments, or cruel or unusual punishments. 
Hence an untold amount of suffering endured during 
many ages by millions of innocent persons, accused of 
crimes under Monarchical Governments. To prevent 
this, our whole system of criminal practice is based upon 
the maxims that " every man is to be presumed innocent 
until he is proved to be guilty/' and that " it is better 
that a hundred guilty persons should escape, than that 
one innocent person should suffer." Hence the great 
anxiety to do no injustice, and the tender care of all his 
rights extended by the law to each person accused of 
crime. This protection to such persons is one of the 
most striking peculiarities of the American system. It 
neither is nor has been exhibited to the same extent, 
under any other form of government. 

291. What are the provisions of the ^American Constitu- 
tion on this subject ? 

Art. Ill, Sec. 2, Clause 3 of the Federal Constitution 
reads: " The trial of all crimes except in cases of im- 

291. Quote Art. Ill, Sec. 2, clause 3, of the Federal Constitution ? Quote Art. IV 
of the amendments? Art. V of the same? Art. VI of the same ? Art. VIII of 
the same ? 



Lesson 27] RIGHTS OF ACCUSED PERSONS, 237 

peachnient shall be by jury; and such trial shall be held 
in the State where the said crimes shall have been com- 
mitted; but when not committed within any State, the 
trial shall be at such place or places as the Congress 
may by law have directed." 

Art. IV of the amendments to the Federal Constitution 
reads: "The right of the people to be secure in their 
persons, houses, papers and effects against unreasonable 
searches and seizures shall not be violated; and no 
warrants shall issue but upon probable case, supported 
by oath or affirmation, and particularly describing the 
place to be searched, and the persons or things to bo 
seized." 

Art. V of those amendments reads: 

" No person shall be held to answer for a capital or 
otherwise infamous crime, unless on a presentment or 
indictment of a Grand Jury, except in cases arising in the 
land or naval forces, or in the militia when in actual 
service in time of war or public danger;* nor shall any 
person be subject for the same offense to be twice put in 
jeopardy of life or limb; nor shall he be compelled in 
any criminal case to be a witness against himself; nor 
be deprived of life, liberty or property without due 
process of law." 

Art. VI of the amendments reads: 

" In all criminal prosecutions, the accused shall enjoy 
the right to a speedy and public trial, by an impartial 
jury of the State and district wherein the crime shall 
have been committed, which district shall have been 
previously ascertained by law; and to be informed of 
the nature and cause of the accusation; to be confronted 
with the witnesses against him; to have compulsory pro- 

* These cases are punished by Military Law. See Sec. 53, D. 



238 LEGAL IDEAS. [Lesson 27 

cess for obtaining witnesses in his favor; and Jiave the 
assistance of counsel for his defense." 

Art. VIII of the amendments reads: 

" Excessive bail shall not be required, nor excessive 
fines imposed, nor cruel and unusual punishments in- 
flicted." 

292. In all (he State Constitutions the principles of the above 
quotations are adopted, and the laws made both by Congress 
and the State Legislatures in accordance therewith secure to 
every person accused of crime the most perfect justice 
throughout all the proceedings. A few of these provisions 
are as follows: 

" A crime or public offense is an act or omission for- 
bidden by law, and to which is annexed upon conviction 
either of the following punishments : first, death; second, 
imprisonment; third, fine/' 

"Public offenses are divided into felonies and mis- 
demeanors." 

" A felony is a public offense, punishable with death, 
or by imprisonment in a State Prison." 

"Every other public offense is a misdemeanor." 

"No person can be punished for a public offense ex- 
cept upon legal conviction in a Court having jurisdic- 
tion thereof." 

"In every crime or public offense, there must be an 
union or joint operation of act and intention or crim- 
inal negligence." 

232. What is the legal definition of a crime? How are public offenses 
divided ? What is a felony ? What is a misdemeanor ? Can any person be pun- 
ishable for a public offense except on conviction in a competent court ? What 
two elements are required to constitute a public cffense? Are acts deemed 
criminal which result from accident or misfortune, or are not prompted by evil 
design or culpable negligence ? "Why are not all crimes punished alike ? What 
would result if light offenses were punished as severely as flagrant crimes ? 
Within what time must prosecution for crimes be commenced ? Can idiots or 
lunatics be punished for crimes? Can a child under fourteen years of age? 



Lesson 27] BIGHTS OF ACCUSED PERSONS. 239 

" All acts committed by misfortune or accident .shall 
not be deemed criminal, where it satisfactorily appears 
that there was no evil design or culpable negligence." 

"No person who is an idiot or lunatic, or who is 
under fourteen years of age, shall be found guilty or 
punished for any crime.* 

"All penalties ought to be proportioned to the 
nature of the offense. No wise Legislature will affix 
the punishment to crimes of theft, forgery and the like, 
which they do to murder and treason. "Where the same 
undistinguishable severity is exerted against all offenses, 
the people are led to forget the real distinctions in the 
crimes themselves, and to commit the most flagrant with 
as little compunction as they do the lightest offenses. 
For the same reason a multitude of sanguinary laws is 
both impolitic and unjust, the true design of all punish- 
ments being to reform, not to exterminate mankind." f 

The time after the commission of offenses, within 
which a prosecution must be commenced, is limited by 
law to three years, in the case of all felonies except 
murder, and to one year in the case of misdemeanors. 

&93. All judicial proceedings are protected by 
the solemn oath or affirmation of all who take part 
in them. The judges, grand and petit jurors, lawyers, 
district attorney, clerk, sheriff, complainant, witnesses 
and reporters, are all sworn according to law to perform 
*their respective duties honestly, faithfully and truly. 
Even if the oath fails to bind the conscience of any of 
them, which rarely happens, the person so failing is 
liable to punishment for perjury. 

* See Statutes of California, " Criminal Practice/' 
t Constitution of New Hampshire, Part I, Sec. 18. 

293.i What is the use and purpose of the judicial oath in Courts of Justice? 



^40 LEGAL IDEAS. [Lesson 23 

LESSON XXVIIL 

OF THE EIGHTS OF ACCUSED PERSONS, tfO. II. 

294. "We proceed now to discuss in their natural order 
the several rights with which American Constitutions 
and Laws invest all persons accused of crime. 

No person shall be deprived of life, liberty or property 
without due process of law. 

Not only shall each individual be protected against all 
other individuals in the enjoyment of all his rights, but 
the Government itself shall have no power to infringe 
upon those rights, except they be forfeited by the crim- 
inal acts of the citizen. And in this case, to prevent all 
injury that might be inflicted through the tyranny or 
avarice of public officers, they are strictly bound in all 
cases to follow- the law to the very letter. As all 
men living under a Kepublican Government give their 
consent to the law, which without it could not exist, so 
criminals cannot complain of the just operation of that 
law: though it deprives them, by way of punishment 
for crime, of life, liberty or property. 

2-95. Every man is presumed to be innocent until he is 
proved to be guiUy.* 

The opposite of this maxim has been generally prac- 
ticed under monarchies, England excepted, where a 
mere accusation puts a man under the necessity of prov- 
ing his innocence, in which, even if innocent, he may 

*Cal. Criminal Practice, Sec. 365. 

294. Cart any person be deprived of life, liberty or property without due pro 
cess of law ? Has the Government any more power under the law to oppress an 
individual than private persons have ? Must judicial officers follow the law 
strictly ? 

295. Quote the legal maxim as to the presumption of the innocence of accusecl 
persons ? Has this maxim or its opposite been generally practiced under moil' 
archies ? What must be positively proved under the American rule ? 



Lesson 28] RIGHTS OF ACCUSED PERSONS. 211 

not be successful. In America, the prosecution must 
prove positively the guilt of the accused. Though he 
be really guilty, unless he be proved so, he must be 
acquitted. This principle is a great protection to per- 
sons unjustly accused of crime. 

296. No warrant shall issue but upon probable cause, 
supported by oath or affirmation, and particularly describ- 
ing the place to be searched, and the person or things to be 
seized. 

In monarchical countries, except England, nothing is 
more common than for the police or soldiery to invade 
private houses, ransack their contents, seize books, let- 
ters and persons, and carry them off at the pleasure of 
the rulers, who may desire to get rid of a trouble'some 
subject by taking this method to find evidence against 
him. Nothing of this kind is tolerated in America. A 
warrant is the written order of a magistrate, com- 
manding a sheriff or constable to arrest a certain 
person, or search a certain place for a certain thing 
— say, for stolen property. But no Judge can issue such 
a warrant at his own pleasure. He must wait until some 
person makes a sworn complaint, staging a probable 
cause for the issue of the warrant. "Whoever makes 
such a complaint falsely may be sued by the party in- 
jured, for damages for false imprisonment.* And who- 
ever makes an arrest of a person except on a warrant 
legally issued, or for a public offense attempted or com- 
mitted in his presence, or for a felony,f is liable to dam- 

* Statutes of Cal., Crimes and Punishments, Sec. 52. 
t California Criminal Practice, Sec. 140. 

296. What is a warrant ? Can Judges issue warrants at their own pleasure? 
On what condition only can they issue warrants ? What remedy has the party 
who is falsely accused in a sworn complaint ? Can persons be seized and places 
searched by policemen and other public officers without a warrant ? In what 
cases ? Are warrants for arrests required in monarchical countries ? 
21 



242 LEGAL IDEAS. [Lesson 2S 

ages therefor. Whoever enters another's house 
against the owner's will, except armed with a 
warrant, is punishable as a trespasser or burglar. 

297, The trial of all vrimes shall be held in the State 
where the said crime shall have been committed. In all 
criminal prosecutions the accused shall enjoy the right to a 
speedy and public trial by an impartial jury of the State and 
district wherein the crime shall have been committed, which 
district shall have been previously ascertained (made defi- 
nite) by law. 

Before the Revolution, the British authorities in the 
colonies used to send Americans accused of crime to 
England for trial, compelling them to leave their homes 
and business for months and years, and to indemnify 
their witnesses for a similar expense and loss of time, or 
go to trial without them. The result was ruin to any 
one so unfortunate as to be accused, whether he were 
guilty or not. Hence the careful provision in the Con- 
stitution above quoted. 

In Sec. 60, we learned of the division of the States 
into counties, and something of the duties of the County 
Judge and District Attorney. A county is always a 
Judicial District, and before the Courts of each couuty 
are tried the offenses committed within it. Thus the 
distances to be traveled and expenses to be incurred by 
the accused and his witnesses are made as small as pos- 
sible, while a jury selected from the vicinity where the 
crime was committed is more likely to err on the side of 



297* What was the British practice before the Revolution as to sending ac- 
cused persons from America to England for trial? What hardships resulted 
therefrom? What is the Constitutional provision as to the place where the trial 
of crimes shall be held ? What is a Judicial District ? What objects are gained 
by restricting the trial to the Judicial District in which the crime has been 
committed ? 



Lesson 28] RIGHTS OF ACGSUED PERSONS. 243 

mercy, than to be guilty of injustice to their accused 
neighbor, 

293. TJie accused shall have the right to a speedy trial, 
because when a trial is delayed witnesses may go away, 
or they may forget points in their testimony. Further- 
more, a long period of suspense before trial is an useless 
and cruel aggravation, especially to an innocent person. 
For this reason, in Courts having both civil and criminal 
jurisdiction, the civil business must always wait until 
all the criminal cases have been disposed of. Life and 
liberty are more precious than mere property. 

299. The accused shall have the right to a public trial. 
Neither Judge nor Jury nor District Attorney will be 

as likely to commit injustice in the presence of their 
master, the public, as they would if their proceedings 
were secret.* This provision, however, refers only to 
the Petit or Trial Jury, which finally determines the 
case. It does not refer to the Grand Jury, whose busi- 
ness is only to begin, not to end, the prosecution. 

300. Excessive bail shall not be required. 

Bail is the security given to a Judge for tjie appear- 
ance of an accused person for trial, on condition that 
meanwhile he may have his liberty. A bail bond must 
be signed by two or more persons, householders and 
residents of the county. The accused has the right to 
offer bail for his appearance in every case, except where 
the offense charged is punishable with death, and the 

* See Sec. 124, D. 

298. Why is the accused entitled to a speedy trial ? Does criminal business 
take precedence of civil in Courts that have jurisdiction over both? Why? 

299. What is gained by the accused in a public rather than a private trial ? 

300. What is bail? Have all accused persons the right to offer bail for their 
appearance at trial? What is the limit as to the amount of bail that may be 
required ? What are the objects of admitting accused persons to bail ? Why is 
bail refused in case of crime punishable with death ? What is the general prin- 
ciple in regard to subjecting accused persons to restraint before conviction? 



244 LEGAL IDEAS. [Lessor 28 

proof against Mm is evident, or the presumption of his 
guilt is great. In such cases he must remain in jail for 
safe-keeping. But when the offense is bailable, the 
Judge is limited to the exaction of such an amount of 
bail as shall be in proportion to the crime. Otherwise, 
the accused who could furnish $5,000 bail, but not 
$20,000, might be obliged to lie in jail. 
The objects of bail are threefold: 

A. To avoid depriving the accused of his liberty until 
he is clearly proved guilty. 

B. To save the country the expense of maintaining 
him while awaiting trial. 

C. To give him every opportunity to seek his wit- 
nesses and prepare for trial, which he could not have if 
imprisoned meanwhile. 

Bail is refused in capital cases, " where the proof 
is evident or the presumption great," because every 
one knowing himself guilty of a capital crime would 
naturally save his life by escaping, even though his 
bailors should thereby lose their money; and thus the 
worst of criminals would be very apt to evade punish- 
ment. The general principle in all cases is, that no per- 
son charged with a public offense shall be subjected 
before conviction to any more restraint than is necessary 
for his detention to answer the charge.* 

301. No person shall be held to answer for a capital or 
otherwise infamous crime, unless on a presentment or in- 
dictment of a Grand Jury. 

fThe Grand Jury consists of from fifteen to 

*Cal. Penal Code, 1872, p. 150. 

t Statutes of Cal* " Jurors," Art. II, 5; see also Forsyth's History of Trial by 
•Jury, Chap. 10, 

301. Describe the Grand Jury. How is it formed? What is its mode of pro- 
cedure ? What is an indictment ? A " true bill ? " What is meant by *' ignoring " 
a bill? 



Lesson 28] RIGIITS OF ACCUSED PERSONS. 245 

twenty-four citizen tax-payers, residents of the 
county, whose names are drawn by lot, by the 

County Judge, County Clerk and Sheriff, from a list of 
fifty such names, taken at random from a list of tax- 
payers in the county. Their business is to inquire under 
oath into all cases of reported violation of law, or neg- 
lect or misconduct of the public officers within the 
county. If any twelve of the twenty-four, after hearing 
the evidence against any accused person, think that the 
proof is sufficient to make his conviction probable, their 
presiding officer or foreman indorses the wdrds '* a true 
bill" upon the written accusation or " indictment" pre- 
pared by the District Attorney in the case. (See Sec. 
60.) The Grand Jury sits in secret, the accused hav- 
ing no right to defend himself before them, though in 
some States they may hear both sides if they desire it.* 
If they find the proof insufficient, the bill is ' ' ignored H 
(that is, they refuse to indict the accused), when all pro- 
ceedings against him are at once stayed. 
302. Why does the Grand Jury sit in secret ? 

A. Because the malicious prosecutions commenced and 
ended before it can do no harm to the persons accused, 
who would have been uselessly injured by a public accu- 
sation. 

B. Because indictments are frequently laid against 
persons not yet arrested, who if forewarned by a public 
indictment, would escape arrest. 

C. Because wealthy criminals, or evil-doing public 
officers, might tamper or interfere with the Grand Jury, 
if they knew of the investigation of their misdeeds; 
whence the course of justice might be interrupted. 

* This is the case in California, 
302. Why does the Grand Jury sit in secret ? 



24G LEGAL IDEAS. [Lesson 19 

303. Why is the Grand Jury necessary to the protection 
of individual liberty ? 

The principle that runs all through republican institu- 
tions was expressed by Solomon, when he said: "Where 
no counsel is, the people fall; but in the multitude of 
counsellors there is safety." "One-man power" is a 
monarchical, not an American idea. One is more apt 
to err than twelve. A Judge accustomed to dictation 
from the bench is more apt to be tyrannical than twelve 
or twenty-four ordinary citizens, whose natural bent 
would be to " deal gently with the erring." All the 
rights of accused persons are a sacred trust in the hands 
of the Government, any abuse of which strikes directly 
at the foundations of individual liberty. Any one accus- 
ing officer would be apt to abuse this trust. 

When the Grand Jury is composed of good citizens, 
as it generally is, it is an institution before which the 
guilty must needs tremble, while no innocent person need 
fear it. The Grand Jurors are a committee of the 
sovereign people, sent to see whether the laws are 
properly obeyed and executed. The office is full 
of dignity. No patriotic citizen should fail to exe- 
cute it when called on, with zeal, impartiality and 
honor. 



LESSON XXIX. 

OF THE RIGHTS OF ACCUSED PERSONS, NO. HI. 

304. In all criminal prosecutions the accused shall enjoy 
the right to be informed of the nature and cause of the accu- 
sation, and to have the assistance of counsel for his defense. 

303, Why is the Grand Jury necessary to the protection of individual liberty? 

304. Has the accused person the rjght to be informed of the charge against 
him ? To have counsel for his defense ? Would the contrary course be unfair 



Lesson »] RIGHTS OF ACCUSED PERSONS. 217 

Nothing would be a greater mockery of justice than to 
put a person upon his trial upon a charge of which he 
were ignorant, or to subject him to the dangers of a pros- 
ecution without the assistance of counsel learned in the 
law; yet nothing has been more common on the conti- 
nent of Europe. In the United States the accused is 
informed of his accusation. and of his rights in the fol- 
lowing manner: 

After the Grand Jury has indicted the accused, and 
he has been arrested and brought before the Court for 
arraignment, if he appear without counsel, he shall he 
informed by the Court that it is his right to have 
counsel before being arraigned, and shall be asked 
if he desire the aid of counsel. The "arraignment " 
must be made by the Court, or by the Clerk or District 
Attorney, under its direction, and consists in reading 
the indictment to the defendant, and delivering to 
him a copy thereof including the list of witnesses 
endorsed on it, and asking him -whether he pleads 
guilty or not guilty to the indictment.* As the 
effect of pleading guilty (that is, confessing the crime) is 
to dispense with the trial and convict the accused, who 
must then be sentenced by the Court, the Judges are 
very careful not to allow him to plead guilty except he 
do so with a full knowledge of all his rights, and the 
consequences of this act. 

If the defendant be too poor to employ an attorney, 
the Court will assign him counsel without charge.f 

This right is peculiarly American. Even in England, 

* California Criminal Practice, Sees. 271, 272. 
t California Penal Code, 1872, Sec. 987. 

or unjust? Is it practiced in Europe? How is the accused protected in these 
respects in American Courts ? What is " arraignment" ? In what case is coun- 
sel assigned by the Court without expense to the accused ? 



248 LEGAL IDEAS. [Lesson 29 

from whence we have derived the basis of our criminal 
law, counsel were not allowed at all to persons accused 
of felonies below the grade of treason, till the year 
1836.* 

305. No person shall be oompzUedin any criminal action 
to be a witness against himself. 

It has been the standing rule for centuries in Euro- 
pean continental countries, to compel accused persons 
to criminate themselves by every device of imprisonment, 
chains, starvation, rack, thumb-screws, and other tor- 
tures which malignant ingenuity could invent. "Under 
our system, any one "Wishing to confess can do so, when 
called upon to plead guilty \>v not guilty. But though 
the accused, if guilty, always knows more of the crime 
than any one else, his motive to lie is so great that no 
dependence could be placed upon any statement he 
might make, except so far as it was corroborated by 
other evidence. And if innocent, he has of course noth- 
ing to confess; though his accusers, except they have 
other evidence, can never tell whether his denial of the 
charge be true or false. In either case, therefore, con- 
fession is superfluous, and the attempt to extort it by 
torture is barbarous and inhuman. Such practice is 
" rating a man's virtue by the hardiness of his constitu- 
tion, and his guilt by the sensibility of his nerves. "\ 

306. In all criminal actions the accused shall have the 

* Townsend's Analysis of Civil Government, p^255. 
trV Blackstone, 326. 



305. Can the accused be compelled to testify against himself ? How is this 
in continental Europe? Why is the testimony of the accused superfluous? 
What do you think of extorting confession by the use of torture ? 

306. What right has the accused as to being confronted with the witnesses 
against him ? Why would it be unfair or unjust to deny this right? What right 
has he as to procuring the attendance of witnesses in his favor ? What is the 
argument in support of this right ? 



Lesson 20] RIGHTS OF ACCUSED PERSONS- 249 

right to be confronted with the witnesses against him., and 
to have compulsory process for -^obtaining witnesses in his 
favor. 

It is a-conimon failing of human nature, that men are 
very apt to say behind one's back what they dare not or 
would not say to his face. They are also much more 
apt to be strictly truthful when they expect to be cross-ex- 
amined by the lawyer, and contradicted by the wit- 
nesses of the accused, than when accusing him before 
the secret Grand Jury, where there is no such check to 
their testimony, or when talking against him elsewhere. 
Hence, fairness towards the accused requires his 
presence when evidence is to be offered against 
him. 

Again, the accused maybe poor; his^vitnesses may care 
nothing for him, or they may be afraid to assist him 
against the power of the Government, or of an influential 
prosecution. How eminently just therefore is the pro- 
vision that the State shall exert its power as much 
in his behalf as in its own ; that th'e very Court which 
is to punish him if he be found guilty, shall compel his 
witnesses to attend the trial, and that the State shall pay 
their expenses.* 

TRIAL BY JURY. 

307. TJxe trial of all crimes, except in cases of impeach- 
ment (to be hereafter discussed), shall be by jury. 

In order that the trial, whose object is only to ascer- 
tain the truth of the accusation, may be perfectly fair, 

* Statute of California, " Fees of Witnesses." 

307. Describe a trial by jury. (The teacher will here explain the manner in 
which juries are impanneled under the laws of his own State.) Why is the judg- 
ment of twelve men more apt to be right than that of one ? What points in 
every case are to be decided by the jury ? What is the office of the Judge in a 
jury trial? What is the Judge's " charge"? Describe the mode of rendering a 
verdict ? What happens when the jury do not agree ? 



250 LEGAL IDEAS. [Lesson 29 

and free from prejudice, malice, and especially from 
judicial tyranny, our law requires the submission of all 
questions of fact to a jury of twelve citizens, chosen 
from among the people in such a manner as to prevent 
absolutely any partiality for or against the accused. 
For the details of the manner in which a trial jury is 
selected, the student may consult the statutes of his own 
State. He will find them framed with all the care that 
experience, skill, and a jealous watchfulness over the 
rights of the accused can possibly suggest. 

If a jury of the requisite impartiality cannot be ob- 
tained in the county where the crime is committed, 
which sometimes happens in very notorious cases, the 
Judge must send the case to another county where such 
prejudice does not exist.* 

The reasons for substituting the judgment of twelve 
citizens for that of one Judge, in the institution of trial 
by jury, are the same as those heretofore given in Sec. 
303, in treating of the Grand Jury. 

Before the Trial Jury, and in open Court, over which 
presides the Judge, all the witnessess on both sides are 
examined and cross-examined. The office of the Judge 
is only to see that the laws of evidence are enforced, and 
the management of the case on both sides is conducted 
according to law. After the testimony is all given, the 
District Attorney for the people, and the counsel for the 
accused, each in turn argue their side to the jury. The 
Judge then " charges" them, that is, he informs them 
of the law applicable to the case "at bar." The jury 
then retire in charge of the Sheriff, for consultation 
among themselves. If they agree, on their return to 
the Court, they pronounce the accused " guilty," or 

* Gal. Penal Code, 1872, Sec. 1033. 



Lesson 29] RIGHTS OF ACCUSED PERSONS. 251 

"not guilty/' which is called rendering a "verdict." 
If they cannot agree after twenty-four or forty-eight 
hours, they are dismissed, and a new jury must then be 
impanneled, and a new trial had. Under the American 
system the jury must always be unanimous.* If 
only one of the twelve holds out against the others, the 
case must be tried again. 

NE\9 TEIALS AND APPEALS. 

303. You will naturally think that if the rights of an 
accused person are so carefully guarded, as related above, 
no injustice can possibly be done him. But though the 
verdict of a jury settles nearly all cases, it sometimes 
happens that a mistake has been made in following the 
forms of law; or the jury may have misunderstood the 
facts, or been guilty of misconduct in finding their ver- 
dict; or new evidence may be discovered. In all such 
cases, the Judge may set aside the verdict, and order a 
new trial. Sometimes, also, the Judge will have made 
some error in admitting or excluding testimony, or in 
explaining the law to the jury. In such cases, on the 
demand of the attorney for the defense, and for good 
reasons given, the Judge must allow his rulings to be 
revised on an appeal to the Supreme Court, where all 
the points of law at issue are argued by the two attor- 
neys in the case. If the Supreme Court finds error in 
the proceedings, it will order the defendant to have a 
new trial. If not, then the decision of the lower Court 
is affirmed, and its sentence of punishment is carried 
into execution. 

* There is an exception to this rule in the new State of Nevada. 

308. Does the verdict of a jury settle all cases ? In what cases must the. 
Judge grant a new trial? In what cases an appeal? What are the proceedings 
in ease of an appeal ? 



252 LEGAL IDEAS. [Lemon 29 

309. Cruel or unusual punishments shall not be inflicted. 
As we have seen in Sec. 288, all punishments in the 

United States are limited to death, fine and imprison- 
ment, and these are graduated by law according to the 
offense. Americans do not tolerate the knout, the pil- 
lory, the stocks, the galleys, branding, cropping of ears, 
banishment, or transportation, all of which are yet reg- 
ularly inflicted in some parts of Europe; nor the rack, 
thumb-screws, the wheel, fire, and other tortures for- 
merly in universal use on that continent. 

310. No person shall be subject for the same offense to be 
twice put in jeopardy of life or limb. 

Once acquitted, the prisoner is free. The State will 
not expose him a second time to punishment on the same 
charge. Otherwise an accusation might hang over a 
man for a lifetime, and the contemplation of the ever 
possible contingency of his again passing the ordeal of 
trial would forever destroy his happiness. If the State 
cannot convict on the first trial, she never can try it 
again. 

311. In case of a reasonable doubt whether the <juilt of the 
accused is satisfactorily shown, he is entitled to an acquittal. 
When there is reasonable ground of doubt in which of two 
or more degrees he is guilty, he can be convicted of the 
lowest of such degrees only* 

So far is the American system from condemning' a man 
merely because he is accused, or of forcing him to crim- 

*Cal. Penal Code, Sees. 1096, 1097. 

£09. Can cruel or unusual punishments be inflicted by law in the United 
States ? To what three punishments are the Courts restricted ? How is this on 
the continent of Europe ? 

310. Can any person be subject for the same offense to be twice put in 
jeopardy of life or limb ? Why not ? 

311. What is the effect of a doubt in the minds of the jury as to the guilt of 
the accused ? What the effect of a doubt as to whether he has committed a 
greater or lesser crime ? 



Lesson 30] BIGHTS OF ACCUSED PERSONS. 253 

inate himself, that the Government must make out its 
case against him with perfect clearness and certainty. 
If it fails in this, the accused must be acquitted. "When, 
after a Grand Jury has charged a person with murder, 
the proof offered by the District Attorney leaves it doubt- 
ful whether he committed murder or manslaughter, the 
Petit Jury can find him guilty only of the lesser offense. 
312. "We might occupy several more lessons jn giving 
details of the minor rights conferred by law upon 
accused persons, but the foregoing will be sufficient to 
indicate the American ideas on this subject. The pupil 
should study these principles thoroughly : for though it 
is to be hoped that he may never be obliged to claim 
these rights, yet the time will surely come when as juror, 
or witness, or perhaps as Judge or Court officer, he will 
be obliged to administer the law, and accord these rights 
in the case of some unfortunate fellow-citizen. And he 
cannot be^ competent as a citizen to pass judgment upon 
the manner in which the judiciary of the country is con- 
ducted, unless he be familiar with the principles on 
which that branch of the Government is founded . 



LESSON XXX 

OF EUROPEAN CRIMINAL PRACTICE. 

313. What are the points of contrast between the Ameri- 
can and the old inquisitorial method of criminal procedure 
on the continent of Europe ? 

312. Why should you be familiar with the rights of accused persons? 

313. Have the rights of accused persons been as carefully guarded on the 
continent of Europe as they now are in the United States? What method of 

'trial was principally used previous to 1789 ? What was the procedure under it ? 



254 LEGAL IDEAS. [Lesson 30 

The Monarchical Governments of continental Europe, 
until the date of the French Eevolution of 1789, dis- 
played as little regard for the rights of accused persons 
as for all other popular rights. As their armies were 
used to put down insurrections by the masses of the 
people, so the business of the police was rather to per- 
secute than prosecute those individuals who became 
obnoxious to the Government. The method of trial, if 
it deserved the name, was borrowed from the Inquisition, 
and consisted principally in forcing the person accused 
to confess his guilt by torture. History is full of the 
horrible barbarities thus inflicted upon the helpless and 
often innocent victims of malevolent power; while, un- 
doubtedly, of the millions who have suffered and died 
under these tortures, but very few comparatively have 
found mention in the books. 

314. Under this system there was no jury, no indict- 
ment, no warrant required for arrest, no bail, no counsel, 
no publicity, no distinct laws of evidence, no legal de- 
finition of specific crimes, no prohibition of cruel or 
unusual punishments, no limitation of trial to the dis- 
trict where the crime was committed, no compulsory 
attendance of defendant's witnesses, no presumption of 
innocence before conviction, no benefit of doubt to the 
prisoner, no responsibility of Judges save to the crown, 
no habeas corpus, no limitation of time within which to 
prosecute. 



314. Was there any jury under this system? Was there counsel ? Indictment? 
Warrant of arrest ? Publicity ? Distinct laws of evidence ? Legal denn ition of 
crimes? Prohibition of cruel or unusual punishment? Limitation of district? 
Compulsory attendance of defendant's witnesses ? Presumption of innocence 
before conviction ? Benefit of doubt to the prisoner ? Habeas corpus? Limita- 
tion of time in which to prosecute ? 



LB-.KW 30] EUROPEAN CRIMINAL PRACTICE. 255 

315. But instead of these protections to the accused, 
the trial seems to have been conducted on the principle 
that a mere accusation deprived the victim of all 
rights, and that the -whole proceedings -were to be 
for the sole benefit of the prosecuting party. It 
aimed at knowing the truth, but the means to arrive at 
it were very little regarded. The laxity and injustice of 
its mode of procedure are shown in the following points: 

A. The " inquiring" Judge, that is, the Judge who 
had been appointed to lead the whole inquiry, spent day 
after day with the prisoner, in the presence of only one 
witness, who was his secretary. This Judge, whose 
whole skill had been exerted to bring the prisoner to 
confession, or to establish his guilt, was also frequently 
the first sentencing Judge, and also very strongly influ- 
enced the sentence. This was as if our offices of 
Detective, District Attorney, Judge and Jury were all 
combined into one. 

B. The inquiring Judge was wholly unrestricted as to 
time, and an accused person might remain under trial for 
years. The Judge was also unlimited as to the means he 
might use to establish the guilt of the accused. He could 
take hearsay evidence at his discretion. He was allowed 
to resort to all kinds of tricks in order to work upon the 
imagination of the prisoner. He might call him up at 
midnight, examine him, and then suddenly show him a 
skull. Every unworthy and puerile motive to confess 
the offense was resorted to. 

C. There was no regular indictment, nor did the law 



315. What principles were substituted for all these? Describe the mode of 
procedure of the "' inquiring " Judge. Was it his principal duty to er:tort con- 
fession ? What means might he use for this purpose ? On what presumption 
was the whole proceeding based? Was there any cross-examination of wit- 
nesses ? Were punishments inflicted in proportion to the crime committed ? 



256 LEGAL IDEAS. [Lbbgk 30 

require that the accused should know what was charged 
against him. 

D. The whole proceeding -was based on the pre- 
sumption that the accused -was guilty, and must 
disprove the charge against hirn. 

E. The moral torture which was applied to induce 
confession was immense, and the Judge was authorized 
by law to punish with lashes or other physical means 
every contradiction or lie proved from the testimony of 
the accused himself. 

F. There was no cross-examination of witnesses. 

G. Punishments were not inflicted in proportion to 
the crime of which the accused was proven guilty, but 
in accordance with the degree of proof against him.* 

316. At the present day this system still prevails in 
those countries where trial by jury has not yet been 
established, though the growth of civilization, aided in 
political affairs by the examples of England and the 
United States, by increasing publicity, regard for pub- 
lic opinion, and communication with free countries, has 
softened its harsher features. 
Trial by jury has been introduced as -follows: 
In France, in 1791. But in that country a verdict may 
be given by a majority of the jury. And it has been 
found of little use in trials of political offenses, for the 
Government has generally managed in this class of 
cases so to pack or intimidate the juries, as to secure the 
conviction of persons obnoxious to it. 

* Condensed from Lieber's Self -Government and Civil Liberty, pp .-457-463. 

316. Does the inquisitorial trial still exist? In what countries? When was 
the jury trial introduced into France? Must the verdict be unanimous in that 
country? When was the jury trial introduced into Belgium? Portugal? 
Greece? Geneva? Germany? Sardinia? What has been the effect of the 
example of England and the United States upon continental Europe, in soften- 
ing the modes of treating accused persons? 



Lesson 30] EUROPEAN CRIMINAL PRACTICE. 257 

In Belgium, in 1830. In Geneva, in 1844. 

In Portugal, in 1832. In Germany, in 1845. 

In Greece, in 1834. In Sardinia, in 1849.* 

317. The foregoing will furnish some notion of the 
particulars wherein the criminal practice of a large part 
of Europe yet differs from the justice and mercy so hap- 
pily blended in the American system. Though it be 
possible that fewer criminals escape punishment in Eu- 
rope than in the United States, the conscientious mind 
cannot help preferring the reflection that with us 
fewer innocents are mistakenly and cruelly pun- 
ished. The American cannot forget the words of 
Him who said even to a conscious criminal, " Wo- 
man, hath no man condemned thee ? Neither do I 
condemn thee. Go, arid sin no mor6."f 

Notes. — It would seem that torture continues to exist in somo 
parts of Europe. The following is taken from the "London Spec- 
tator" of December 22d P 1849, which gives as its authority the 
Allgemeine Zeitung, published at Augsburg, not far from Switzer- 
land: 

" A strange circumstance has just taken place atHerisan, the capi- 
tal of Inner Appenzall, in Switzerland, showing how much in these 
countries of old liberties, civilization is behindhand in some matters. 
A young girl of nineteen, some months back, assassinated her rival. 
Her lover was arrested with her, and as she accused him of the 
crime, both were put to the torture. The girl yielded to the pain, and 
confessed her crime; the young man held firm to his denial; the 
former was condemned to death, and on the seventh of the month 
was decapitated with the sword in the market place of Herisan, 
after a two hours struggle with four men who were appointed to 
execute the sentence." — Lieber's C. L. & S. G., p. 463, note. 

* Forsyth's History of Trial by Jury, pp. -347-367. 
t John viii : 11. 

317. What humane reflection compensates the American for the fact that with 
us criminals sometimes escape punishment? What saying of Christ justifies 
our system ? 



258 LEGAL IDEAS. [Lesson 31 

The novel reader will get a fair idea of the old French mode of 
dealing with accused persons, in the first chapters of the " Count oi 
Monte Cristo." Also of French punishments from Vol. I of " Les 
Mcerabks," by Y. Hugo. 

For an interesting account of Paraguayan trials, as conducted 
under the tyrant Lopez the younger, within the past decade, the 
reader is referred to Washburne's History of Paraguay, 1871. 



LESSON XXXI. 

OF HABEAS CORPUS AND EX POST FACTO LAWS. 

318. What is meant by the term " Habeas Corpus " ? 
This term is a Latin law phrase, and means " You may 

have the body." It is applied to a "writ" or written 
instrument issued by certain of the higher Judges who 
are specified by law, and addressed to any person who 
may be complained of a& guilty of keeping another im- 
prisoned or deprived of his liberty without due process 
of law, as required by the Constitution, The object of 
this writ is to protect personal liberty. 

319. What says the Federal Constitution on the subject of 
Habeas Corpus f 

' ' The privilege of the writ of habeas corpus shall not 
be suspended, unless when, in cases of rebellion or in* 
vasion, the public safety may require it." — Art. I, Sec. 
9, Clause 2. 

The several State Constitutions contain substantially 
the same clause. 

320. What ivas the origin of this writ ? 

318. What is the meaning of the term habeas corpus ? Describe the writ of 
habeas corpus ? What is its object ? 

319. Quote the clause from the Federal Constitution on this subject;' 

320. What was the origin of this writ? In what countries is it used, and for 
what purposes? 



Lesson 31] HABEAS CORPUS, ETC. 259 

P. was derived by the American States from Great 
Britain, where it was enacted by Parliament in the 
reign of Charles II.* The writ of habeas corpus has 
since that time, not only in Britain, but in all her col- 
onies, as well as in the United States, been relied upon 
as the most efficient device ever invented by man, to pre- 
vent all manne? of illegal imprisonments, and unlawful 
restraints of persons. 

321. How does this writ operate in practice ? 

It sometimes happens, in the administration of law 
and government, that a person is wrongfully imprisoned 
or restrained of his freedom, before he has been lawfully 
tried and ordered to be imprisoned in punishment for 
some crime. Sometimes also persons may be imprisoned 
by individuals without any pretense of the forms of law: 
as by illegally holding a child in custody, or locking a 
person in a room. Thus, we will suppose James Smith 
to be imprisoned in the San Francisco county jail: 

A. He, or some person for him, swears to a petition 
which recites the facts of his imprisonment, and that 
the petitioner is wrongfully detained in said jail by John 
Short, the jailor. This petition is addressed to a Judge 
of one of the higher Courts, from whom it asks a writ 
of habeas corpus. This writ may be granted — 

1. By the State Supreme Court, or any Judge thereof, 
upon petition on behalf of any person restrained of his 
liberty in the State. 

2. By the District Courts, or a Judge thereof, upon 
petition on behalf of any person restrained of his liberty 
in their respective districts. 

3. By the County Courts, or a Judge thereof, upon 

*Lieber's C. L. and S. O., 66. 

321. 'How does it operate in practice? Give a detailed account of its work- 
ings ? Does it determine whether or not the prisoner is guilty of any charge 
against him ? 



260 LEGAL IDEAS. [Lesson 31 

petition on behalf of any person restrained of "his liberty 
in these respective counties.* These districts limit the 
jurisdiction of the several Judges. No Judge having 
jurisdiction can refuse to issue this writ, when 
legally applied for. 

B. The writ is always thereupon issued, com- 
manding John Short to bring the body of James Smith 
before the Court on the day mentioned in the writ. The 
notice given is always very brief, generally only one or 
two days. 

0. The writ is served by the Sheriff, who reads it to 
Short, and gives him a copy of it if requested. 

D. On the day named in the writ, Short appears in 
Court, bringing James Smith with him, and Short ex- 
hibits to the Judge the documents, or other legal proofs, 
whereon he claims the right to the custody of Smith. 

E. If these proofs are satisfactory to the Court, the 
prisoner is ordered back to prison. But if they are 
insufficient, the prisoner is released. 

The proceeding under the writ of habeas corpus does 
not determine whether or not the prisoner is guilty of 
any crime, but simply whether he is rightfully or wrong- 
fully imprisoned at the time of inquiry. Excessive bail 
may have been required of him, and he may have been 
unable to procure it, though he may have offered bail in 
a reasonable sum. The papers on which he was im- 
prisoned may be void for want of proper form, or they 
may be defective in substance. A man may be guilty, 
yet illegally imprisoned. 

322. Every American citizen, or foreigner resi- 

*Cal. Penal Code, Sec. 1475. 



322. Has every person on American soil the privilege of the writ 6f habeas 
corpus? What are the only exceptions ? 



Lesson 31] HABEAS CORPUS, ETC. 2G1 

dent in America, if restrained of his liberty "before 
conviction, has the right to sue out a writ of habeas 
corpus, to ascertain the legality of his imprison- 
ment. The only exception to this rule is when the 
privilege of the writ is suspended by legislative authority 
in a time of insurrection or invasion.* 

323. In cases of rebellion or invasion it is gen- 
erally necessary to supsend this writ for a time. 
In such emergencies it becomes necessary to imprison 
traitors, spies, and other disaffected persons, sometimes 
in large numbers, in order to prevent their assisting the 
enemy. Were every such person entitled to all his civil 
rights at such a time, the enemy could often overthrow 
all the institutions of the country, while the law was 
enforcing one of them. The public safety is of more 
importance than individual rights. It was for this 
reason that the writ of habeas corpus was suspended by 
Congress (only the Legislature has power to suspend it) 
during the four years' civil war from 1861 to 1865. | 

324. In Sec. 286, we saw that "all crimes and mis- 
demeanors are strictly defined in the laws. No matter 
how grievous an act may be, if it -were not defined 
to be a crime when committed, it cannot be pun- 
ished, for it violates no law." 

But if, after such an act has been committed, the 
Legislature should have the power to make it a crime, 
the concession of such a power to any branch of the 
Government would be dangerous to liberty, for it would 
permit the criminal laws to be continually changed so as 

* Art. 1, Sec. 12, Clause 9, Fed. Constitution. 

tSee "Analysis of Oivil Government," by Calvin Townsend, 211; Duer's 
Constitutional Jurisprudence, 153. 

323. Why is the writ necessarily suspended in time of rebellion or invasion ? 

324. What is an ex post f ado law? Are such laws permitted by the Federal 
Constitution ? Why not ? 



262 LEGAL IDEAS. [Lesson si 

to suit special cases as they might arise. All laws re- 
labing to crimes and misdemeanors, which are in- 
tended to aefc backwards in point of time, are called 
"ex post facto laws," and are expressly forbidden 
by Article I, See. 9, Clause 3, of the Federal Consti- 
tution which provides that " No ex post facto law 
shall be passed." 

325. Ex post facto laws are laws "which render 
an act punishable in a manner in which it was not 
punishable when committed. This definition in- 
cludes: 

A. Such laws as render criminal an act done before 
the law was passed, which was then innocent. 

B. Such laws as make an act more criminal than it 
was when committed. 

C. Such laws as inflict a greater punishment than was 
affixed by law to the act when it was committed.* 

326. Every person is bound by the law as it ex- 
ists at the date of every action he performs of 
which the law can take notice. He is therefore 
presumed to know what the law is. But no one 
can be presumed to know what the law will be at some 
future time. Hence the prohibition of ex post facto 
laws. 

Notes. — Long imprisonments before trial are customary on the 
continent of Europe, in order to harass the subjects. Guerrazzi and 
other liberals were sentenced in Tuscany, July 1st, 1853, after hav- 
ing been imprisoned for fifty months before they were brought to 
trial. It is useless to mention more instances; for long . imprison- 

*See Duer's Const. Jurisprudence, 355. 

325. What laws are included under the term ex post facto ? 

326. Is every person presumed to know what the law is at any particular 
time ? Can he lie preauiued £d }mc^w wuat it wUi he after the Legislature shall 
change it? 



lesson 32] TREASON, ETC. 263 

merit before trial is the rule in absolute Governments, whenever it 
suits them. — LLber's C. L. and S. G., G6, note. 

In Franco, where such jealousy is shown of everything which 
touches national honor and equality, people do not attach them- 
selves so religiously to personal liberty. The quiet of the citizen 
may be disturbed, his home may be violated, he may be made to 
undergo for whole months a preventive imprisonment, personal 
guarantees may be despised, and a few generous men will raise their 
voices ; but public opinion will remain calm and impassive as long 
as no political passion is awakened. Here lies the great reason for 
the violence of authority; it can be arbitrary, because there is no curb 
to check it. 

Works of Louis Napoleon, Ed. 1854, Art. "Of Individual Liberty 
in England" 



LESSON XXXII. 

OF TREASON AND ITS PUNISHMENT. 

327. Turn back to Chapter II, of the Introduction, 
and refresh your memory as to the Feudal System, 
and the Divine Right of Kings. 

323. " Treason " is the offanse of attempting to 
overthrow the government of the State to which 
the offender owes allegiance, or of betraying the 
State into the hands of a foreign power. * 

329. In despotisms, the King is the sole representa- 
tive of the State. Said Louis XIV, of France: "I am 
the State !"f Every attempt, therefore, against the life 
of the King, was and is treason. Not only so; this 

* "Webster. t L'etat, c'est moi ! 

328. Define the term treason. 

329. Who is the sole representative of the State in a despotism? Was every 
attempt against the King treasonable? How was this view of the crime 
extended? How was treason regarded and punished by absolute n. c narchs? 
How under constitutional monarchies ? What oppressions have been inflicted 
upon persons accused of treason ? 



2G-4 LEGAL IDEAS. [Lesson 32 

crime was extended so as to include every attempt 
against those members of the royal family whose lives 
were important in the succession to the crown; and also 
all attempts at rebellion, or disobedience to the royal 
authority. Absolute monarehs have invariably 
been very jealous of their power, and correspond- 
ingly severe in their puxiisiiments of every ease 
of insubordination, whose promoters were always 
characterized as traitors. And as constitutional 
monarchies were a slow and painful growth out of the 
once universal feudal ideas of Europe, their framers were 
for a long time as careful to enact stringent laws against 
traitors of every degree, as the most tyrannical Kings 
could have desired. So great was, for ages, the uni- 
versal horror of treason, that the mere suspicion of it 
was thought worthy of the severest punishment. J The 
guilt of the accused was often taken for granted before 
trial, and the most unjust, vindictive and outrageous 
cruelties have been repeatedly committed in every Eu- 
ropean country, upon persons who could not have been 
convicted, had they been allowed any opportunity to 
prove their innocence. 

330. Among the offenses on the part of subjects pun- 
ished as treason by various English laws, were the fol- 
lowing: 

Compassing or imagining the deaths of the King, 
Queen or heir to the crown; 

Violence offered to the Queen, or to the King's oldest 
daughter r or to the wife of his heir; 

Levying war against the King; 

Adhering to the King's enemies, and giving them aid 
afid comfort; 

$Lieber's C. L. and S. G., 82. 
330. Name some of the offenses described as treason by English laws. 



Lesson 32] TREASON, ETC. * 265 

Counterfeiting the coin of the realm; 

Killing a King's officer; 

Breaking prison or rescuing a person charged with 
treason; 

Burning houses to extort money, stealing cattle, will- 
ful poisoning, execrating the King, counterfeiting his 
signature or seal, refusing to abjure the Pope, marrying 
any female of the royal family without the King's con- 
sent, throwing doubt upon the King's supremacy, etc.* 

331. As a specimen of old English punishments for 
high treason, we quote the following: "1. That the 
offender be drawn to the gallows, and not be carried or 
walk; 2. That he be hanged by the neck, and then cut 
down alive; 3. That his entrails be taken out and 
burned, while he is yet alive; 4. That his head be cut 
off; 5. That his body be divided into four parts; 6. 
That his head and quarters be at the King's disposal." 
And this punishment for treason, the great Sir Edward 
Coke tells us, "is warranted by divers examples in 
Scripture, for Joab was drawn, Bithan was hanged, 
Judas was embowelled, and so of the rest."f (By the 
same style of argument we presume Sir Edward would 
have justified the imitation of all the crimes narrated in 
the Bible!) 

332. Now the American system of government, as we 
have seen, does not hang upon the slender thread of one 
man's life or authority, but is built upon the broad and 

*Blackstone, Book IV, 77, et seq. tBlackstone, Book IV, 93, and note. 

331. Describe the old English, punishment for high treason. How did Sir 
Edward Coke justify such barbarities ? 

332. Does the American Government depend on the life of anyone man? 
Upon what foundations is it built? Is -here any necessity with us for such 
severe treatment of treason? Can we not afford to treat traitors as leniently as 
we do other criminals ? Why is there but little room for conspiracy to over- 
throw our Government? 

23 



286 , LEGAL IDEAS. [Lesson 32 

solid basis of the whole people. Hence tliere is no 
necessity with us for the timid nervousness on the sub- 
ject of treason which is inherent in all monarchies. 
Hence we have no occasion to make an exception, in the 
case of persons accused of this crime, to those universal 
principles of justice and mercy which are interwoven in 
all our criminal laws. The very provision in our 
Declaration of Independence, " that whenever any 
form of government becomes destructive of life, 
liberty and happiness, it is the right of the people 
to alter or to abolish it," while it would be con- 
strued as a justification of treason under a mon- 
archy, in fact disarms it under a republic. There 
is but little room for conspiracy to overthrow a Govern- 
ment that provides for its own alteration by changes in 
the Constitution and laws, whenever the people desire 
it. There remains but a limited field, therefore, for the 
commission of treason, and this is defined in the Federal 
Constitution as follows: 

TREASON DEFINED. 

333. < e Treason against the United States shall consist 
only in levying war against them, or in adhering to tlieir 
enemies, giving them aid and comfort, 3 ' * 

RULES FOR ITS TRIAL. 

334. ' ' No person shall be convicted of treason unless on 
the testimony of two witnesses to the same overt act, gr on 
confession in open Court." f 

* Const. Art. m, Sec. 3, Clause 1* tArt. m, Sec. 3, Clause 1. 



333. Define treason as specified in the American Constitution ? 

334. State the Constitutional rule for its trial. 



Lesson 32] TREASON, ETC. 2G7 

ITS PUNISHMENT. 

335. " The Congress shall have power to declare the pun- 
ishment of treason; but no attainder of treason shall work 
corruption of blood, or forfeiture, except during the life of 
the person attainted."* 

The several States have adopted the language of the 
Federal Constitution, on the subject of treason as 
against the State. And Congress, as well as the several 
State Legislatures, have affixed to it the punishment of 
death. The crime, and required evidence of it, are so 
clearly and simply expressed in these extracts, that it is 
unnecessary to comment upon them. 

338. What is meant by "attainder," and "corruption 
of blood?" 

These terms are used in the laws of England, whereby, 
when Parliament passed a bill declaring a person guilty 
of high treason, he was thereupon deemed to be "at- 
tainted," that is, stained or corrupted. The opera- 
tion of this sentence was, that all the property of such 
person was at once forfeited to the crown, and he was 
rendered incapable of inheriting land or titles from his 
ancestors, or of keeping what he had, or transmitting 
anything to his heirs. That is, the law of England 
punished the innocent for the crime of the guilty, 
and undertook to visit the offense of the father upon the 
children; not merely to the third or fourth generation, 
but to his latest posterity. f 

* Art. m, Sec. 3, Clause 2. 

t Duer's Const. Jurisprudence, 336. 

335. Its punishment. Do the State laws vary on this subject? What pun- 
ishment is affixed to this crime by statute ? 

836. What is meant by "attainder" and "corruption of blood?" What 
injustice resulted from these laws in England? Is such injustice possible 
under our system ? 



2G8 LEGAL IDEAS. £Lesson 32 

All such injustice as this is forbidden "by the clause 
above quoted from our Constitution. A conviction of 
treason in the United States may be accompanied by 
forfeiture of property, during the life of the person 
convicted, should Congress so enact. But even Con- 
gress has no power to persecute a child for the 
crime of its father by corrupting its blood, or con- 
fiscating its patrimony. Such barbarity as this we are 
content to leave among its associate villainies in Europe, 
where it originated. 

337. Though American laws provide for the capital 
punishment of treason as denned in the Constitution, 
public sentiment has always been averse to enforcing the 
penalty. Hence, at the close of the great civil war of 
1861, when the great majority of the people of eleven 
States had been guilty of levying war against the United 
States, and were completely at the mercy of the victorious 
nation, no attempt whatever to enforce the laws 
against treason was made by the Government. 
Though such an opportunity would have doubtless been 
improved by every monarchy in existence, by wholesale 
slaughters, banishments, and confiscations (such as were 
employed against the Communists in France in 1871), 
the American Government contented itself by simply 
disfranchising for a time those who were responsible for 
the Kebellion. For we felt that our institutions, 
founded as they are upon the consent of the people, 
could not be maintained by force. " If thine enemy 

337* Has public sentiment in the United States been in favor of enforcing the 
penalties against treason ? Were any of the Southern people prosecuted for trea- 
son after the close of the civil war of 18G1? What was the limit of the punish- 
ment imposed upon the South ? How did this compare with the treatment of 
tho Communists by the French Government in 1871 ? Why are Americans indis- 
posed to inflict severe punishment for treason ? What is the scripture rule on 
the subject of treatment of enemies? Has America followed this rule more 
faithfully than other nations? 



Lesson 32] TREASON, ETC. 269 

hunger, feed him; if he thirst, give him drink: for in so 
doing thou shalt heap coals of fire on his head. Be not 
overcome of evil, but overcome evil with good /** Have 
not the United States proved their civilization 
superior to that of any nation that ever existed, in 
their compliance on so magnificent a scale with 
this precept of the Apostle ? 

Note3. — We may consider the American law of high treason as 
the purest in existence, and it shows how closely the law of treason 
is connected with civil liberty. Chief Justice Marshall said: "As 
there is no crime which can more excite and agitate the passions of 
men than treason, no charge demands more from the tribunal, before 
which it is made, a deliberate and temperate inquiry. Whether the 
inquiry be directed to the fact or the law, none can be more solemn, 
none more important to the citizen or to the Government; none can 
more affect the safety of both." — Leber's C. L. and S. G., 83. 

The Hotel de Ville — What has been Witnessed from its 
Windows. — Strange and terrible scenes, witnessed from the windows 
of the Hotel de Ville, have been enacted on the Place de Greve (now 
Place du Hotel de Ville) in days not very far removed from ours. 
One of these occurred on Monday, March 28, 1757. All the windows 
that commanded a view of the square were filled with noble ladies 
and gentlemen, splendidly attired. It was a dazzling blaze of gold- 
embroidered garments, of glittering orders, of floating plumes, and 
priceless gems. The assemblage was radiant and gay, chatting and 
laughing; and yet, from time to time, eager looks were bent upon a 
space in the centre of the square, surrounded by palisades, and 
guarded by horse and foot. Was there to be a tournament ? What 
was the promised entertainment, which had attracted so many gallant 
gentlemen and so many beautiful and high-born ladies ? A sort of 
thrill running through the assembled thousands, a sudden silence, 
preceded the appearance on the square of a pale, slender man, who 
advanced, surrounded by guards and officers of justice. The lugu- 
brious procession halted. 

The prisoner, for such he was, was stripped, bound, ironed, and 
laid upon the scaffold in the centre of the palisades. Then followed 

*Itoni. xii: 20,21. 



270 ; LEGAL IDEAS V [Lesson 32 

the most horrible scene that the imagination can conceive. The 
right hand of the sufferer, which held a knife, was burned. He 
uttered a terrible cry as the member crackled in the blaze, and was 
then silent and looked at the charred stump with mournful attention. 
Then the executioner tore out pieces of flesh from his arms and legs, 
and poured into the flesh a mixture of melted lead, boiling oil, hot 
pitch, wax and sulphur; at which, says the official report, "the 
aforesaid criminal cried out at several intervals, ' My God! Strength! 
Strength!' * O Lord, my God, have pity on me!' * O Lord, my God, 
how I suffer!' * Lord, my God, give me fortitude!' " As during the 
burning of his hand, he uttered cries at the infliction of each fresh 
torture, then became calm and silent, and patiently contemplated his 
wounds. 

Four young and vigorous horses were then harnessed to his 
limbs; but though they pulled with all their strength, and though 
the extension of the members was prodigious, they did not succeed 
in quartering the sufferer until the surgeon's knife had scored the 
joints. The victim lived till the last limb was torn from his body, 
and then only gave up the ghost. His mangled remains were thrown 
upon a pile of wood and burned to ashes. The punishment had 
lasted hours, and night closed upon the horrible scene. The name 
of the victim, whose tortures were contemplated with satisfaction 
by the most refined ladies of the kingdom, was Robert Francis 
Damiens, and his crime that of stabbing Louis XV with a knife. 
The King was very slightly wounded, but terribly alarmed. The 
assassin was arrested on the spot. His motive was religious fanati- 
cism; the King being at variance with the Archbishop of Paris and 
hostile to certain pretensions of the Church. No one but a King 
would have ordered such a diabolical punishment to be inflicted. 
But what monsters of cruelty the great majority of monarchs have 
been! 



tesrai 33] IMPEACHMENT. 271 

LESSON XXXIII, 

OF IMPEACHMENT. 

338. We have several times alluded in previous les- 
sons to impeachment as a means used under the Ameri- 
can system to eject a bad public officer from his position, 
before the close of the term for which he was elected or 
appointed. 

Wliat is impeachment? 

It is the calling to account or arraignment of a 
public officer, for maladministration of his office, 

339, What public officers are liable to impeachment ? 

A. The President and Vice President of the United 
States, the Judges of the Supreme Court, and of the 
various United States Courts, and other chief offi- 
cers. But impeachments are not necessary in the case 
of Senators and Representatives, for each house having 
the exclusive control of its own members, and the right to 
expel them for malfeasance, this power is sufficient for 
their governance.* Neither is impeachment necessary in 
dealing with subordinate appointees of the Executive, 
who, being politically responsible for their conduct, can 
remove them at his pleasure, f 

B. The Governor, Lieutenant Governor, Secre- 
tary of State, Controller, Treasurer, Attorney-Gen- 
eral, Surveyor-General, Judges of the Supreme 
Court and District Courts of a State, are liable to 
impeachment in their several States. (All these 

*Duer's Const. Jurisprudence, 66. fFederalist, Sec. 65. 



333. "What is impeachment ? 

339. What Federal officers are liable to impeachment? Are Senators and 
Representatives so liable ? "Why not ? Are subordinate appointees of the Execu- 
tive so liable ? Why not ? "What State officers are liable to impeachment ? What 
State officers are not so liable ? 



272 LEGAL IDEAS. [Lesson 33 

officers are elected for fixed terms.) But State Senators 
and Members of Assembly, and appointees of the Gov- 
ernor to civil offices, are not so liable. 

340. Where does the power of impeachments reside, and 
before what Courts are they tidied f 

In the case of a Federal officer, the impeachment is 
prepared and managed by the House of Representatives, 
and is tried before the Senate.* In the case of a State 
officer, the lower house of the Legislature conducts the 
impeachment before the State Senate. The Chief Jus- 
tice of the Supreme Court presides over the Senate, 
when sitting as a Court of Impeachment. 

341. Wliat rights are secured to public officers under 
impeachment? 

The accused has substantially the same rights that are 
guaranteed to persons accused of crime before the or- 
dinary Courts of law. The trial is conducted in a man- 
ner similar to that of a criminal indictment by a Grand 
Jury.f 

342. WJiat are the limits to the punishments that Can be 
inflicted by the Senate on impeachment ? 

A. Removal from office. 

B. Disqualification to hold and enjoy any office 
of honor, trust or profit under the Federal or State 

* United States Const. Art. I, Sec. 2, Clause 5., lb., Ari.I, Sec. 3, Clause 6. 
fTownsend's Analysis, 147. 



340. 'Where does the power of impeachment reside ? Before what Court are 
impeachments tried ? How is this in the case of Federal officers ? How in the 
case of State officers ? Who presides in the Senate when sitting as a Court of 
Impeachment ? 

341. What rights are secured to public officers under impeachment ? How is 
the trial conducted ? 

342. What is the limit to the punishment that can be inflicted by the Senate 
on impeachment? If the offense be also amenable to the laws, what further 
punishment may be inflicted* and by what authority ? 



Lesson 33] [MFEACHMENT. 273 

Government, as the case may be * But the party 
found guilty may be further indicted and punished by 
the ordinary Courts, if his offense be amenable to the 
criminal laws. Thus, a Judge, removed from office on 
impeachment for accepting a bribe, may also be prose- 
cuted for the offense against the law, and sentenced to 
the State Prison, f 

343. For what offenses may public officers be impeached ? 

The United States Constitution says : " The Pres- 
ident, Vice President and all civil officers of the 
United States shall be removed from office on im- 
peachment for, and conviction of, treason, "bribery, 
or other high crimes and misdemeanors." | 

344. Wliy is impeachment provided for in all our Con- 
stitutions, and yet so carefully guarded as to its limits, its 
mode of procedure, and its punishment f 

A. It is provided, because without it there would be 
no means of dispossessing a corrupt or disloyal officer 
(above the grade of appointee, who is removable at the 
pleasure of the Executive) until the expiration of his 
term of office; whereby the public interests might suffer. 

B. It is limited to the charges of "treason, bribery 
or other high crimes or misdemeanors/' because other- 
wise, party zeal or popular clamor might procure the 
disgrace and removal of good officers belonging to the 
opposite party, on frivolous pretenses; thus endangering 
not only the rights of the persons impeached, but of the 

♦United States Const., Art. I, Sees. 3, 7. Also, Cal. Penal Code, 1872, Sec. 749. 
t New York Penal Code, Sec. 126. 
tArt. II, Sec. 4. 



343. For what offenses may public officers be impeached ? Quote the clause 
from the Federal Constitution on this topic. 

344. Why is impeachment provided for in all our Constitutions ? Why is it 
limited to treason, bribery, and other high crimes and misdemeanors ? Why is 
it limited as to punishment ? 



274 LEGAL IDEAS. [Lesson 33 

public, to the extent of the interests confided to the care 
of such officers. 

C. It is limited as to punishment, because such of- 
fenses as constitute a disqualification to hold office must 
in the nature of things be passed upon separately from 
the penalties visited by ordinary punishment upon ordi- 
nary citizens. For instance, a Governor may commit a 
murder. Though he be Governor, he is, nevertheless, as 
liable to be hung for such a crime as any one else. But 
it would be a great public inconvenience as well as 
scandal, were the chief officer of a State to retain his 
office while undergoing a trial, imprisonment and execu- 
tion for a murder. Therefore, he must be first stripped 
of his office, and then as a private citizen be handed over 
to the criminal Courts to be dealt with as usual. On the 
other hand, were impeachment to include the ordinary 
criminal punishment for the crime committed, the Legis- 
lature, while engaged in an impeachment case, would be 
interfering with the Judiciary. (See Lesson V.) 

345. How are unfaithful subordinate State officers re- 
moved ? 

By information, followed by trial and conviction for 
malfeasance in a State Court.* 

346. Is impeachment purely an American institution ? 
No. For it was derived by the United States from 

England. But it exists nowhere else than in these two 
countries; and its use in England is much more limited 
than in America. 

* See Cal. Statutes, Act of 1853. 

345. How are subordinate State officers removed for malfeasance? 
34-6. Is impeachment purely an American institution? 



Kra* 34] BIGHTS OF PROPERTY. 275 



LESSON XXXIV. 

OF THE RIGHTS OF PROPERTY. 

347. Next to life and liberty, it is the duty of the 
Government to protect all its citizens alike in their 
rights to acquire, enjoy, and dispose of property. 

Every individual in the United States is entitled to 
the absolute ownership of the proceeds of his labor, in- 
dustry, knowledge and skill; to the savings or accumu- 
lation thereof, generally called " capital ; M to the earnings 
of that capital in profits, rents, interest or by dividends; 
and to such property as he may acquire through gift or 
inheritance. There are two departments of the law 
which protect the individual in these rights, viz: The 
criminaJL law and civil law. 

PROTECTION TO PROPERTY BY THE CRIMINAL LAW. 

348. In the classification of crimes quoted in Sec. 286, 
were enumerated offenses against habitations and 
other buildings, such as arson and burglary; offenses 
against property, such as robbery, larceny, receiving 
stolen goods, embezzlement, destroying title deeds; 
forgery and counterfeiting ; offenses by cheats and 
swindlers, etc. All these offenses against property 
are both public and private wrongs. We have al- 
ready seen in what manner the public wrong is ascer- 
tained and punished. The private wrong is remedied 
by restoration of the thing stolen, or its value. Stolen 

347. What important right next to life and liberty must be protected by the 
Government ? To what property is every citizen entitled? What two depart- 
ments of law protect the individual in his right to property ? 

348. What crimes against property can yon enumerate ? Are these offenses 
both public and private wrongs ? Why ? Are there therefore both public and 
private remedies therefor? What is the remedy for the public wrong? What 
for the private wrong ? 



276 LEGAL IDEAS. [Lesson 34 

property of every description must be returned to the 
true owner thereof,* Even though the thief may have 
sold it to an honest purchaser, that purchaser is com- 
pelled by the law to surrender it to the lawful owner on 
his proof of a clear title to it.f And in case the property 
has been destroyed, or made away with so that it cannot 
be restored, then the law gives to the sufferer a claim for 
its value upon the person who has unlawfully deprived 
him of it, together with damages for the farther loss 
and inconvenience occasioned by its detention. J u Gov- 
ernment is bound to assist the rightful owner of 
property in recovery of the possession of it, when 
it has been unjustly lost."§ 

PKOTECTION to propekty by the civil law. 
349. But there are a thousand occasions for dispute 
about property between individuals, wherein one seeks 
to get or retain possession of his neighbor's lands, goods, 
or money, Without committing any crime, or in 
which neither party is guilty of any wrong, yet 
they cannot agree about the matter at issue. For 
the settlement of such cases (which are termed civil suits), 
courts ate everywhere provided; each sitting at stated 
terms in its own district, and administering the law ac- 
cording to the circumstances of each case. Attorneys 
are usually engaged by both parties, but their fees and 
all other expenses of the suit are paid by the parties 

*New York Crim. Proc, 759. $New York, P. C, 783. 

t Kent's Com., II, 323. §Kent, n, 334. 



349. Describe what you understand to be a civil suit? How do such actions 
arise ? Does the Government undertake the settlement of disputes about prop- 
erty between individuals ? By what means i Are the rights of the parties to 
civil suits carefully guarded by law ? How about appeals ? New trials ? Jury 
tr.al? Attorney? Who pays the cost of civil suits ? What Constitutional pro- 
vision precludes tyranny by the Judges ? Repeat the other clauses quoted from 
the Constitution on this subject ? What is the punishment for judicial bribery ? 



Lesson 34] EIGHTS OF PROPERTY. 277 

thereto. In case of error by the Judge, and in several 
other cases, the party aggrieved has the right of appeal, 
or ef a new trial. Appeals may be taken always to at 
least one higher Court, sometimes to a third and fourth 
one. Every step in every suit is carefully prescribed by 
law, so as to prevent injustice, and secure perfect fair- 
ness between the parties. And to preclude any attempt 
at tyranny by the Judges, the Federal Constitution 
provides : " That the right of the people to be secure 
in their persons, houses, papers and effects against 
unreasonable searches and seizures, shall not be 
violated."* The Federal Constitution also contains 
the following provisions: 

''No one shall be deprived of property, without 
due process of law." " In all cases at common law, 
■wherein the value in controversy shall exceed 
twenty dollars, the right of trial by jury shall be 
preserved." f 

Should any Judge accept a bribe, that is, take money 
or other gift from one side as the price of a judgment 
against the other (a very common crime in half civilized, 
corrupt, or decaying Governments), all our Constitutions 
provide for his impeachment. J 

350. The right to property, being less valuable than the 
right to life,* offenses against mere property shall not be 
punishable by death, nor shall propei ty be protected, except 
as against criminals, at the expense of liberty. 

* Art. IV of Amendments. t Art. V of Amendments. 

t See Lesson XXXTEI. 

350. Is the right to property less valuable than that to life ? Are offenses 
against mere property punished with death in the United States ? Is property 
protected at the expense of liberty, except as against persons guilty of a public 
offense ? Are these principles purely American ? How many crimed were for- 
merly punishable with death in England ? Did England protect property at the 
expense of life and liberty? Vfhat is imprisonment for debt? Is this practiced 
in England I 



278 LEGAL IDEAS. [Lesson 34 

These principles are purely of American origin. Even 
in England, from whose Constitution we have drawn 
many of our ideas, the punishment of death has, until 
quite recently, been inflicted not only for murder and 
arson in the first degree as with us, but also for robbery, 
burglary, larceny, and many other crimes. That is, 
the criminal law of England protected property at 
the expense of life. And it also protected property at 
the expense of liberty, for by the laws of that country, 
a person unable to pay his debts was, and is yet, liable 
to be imprisoned, sometimes for life, unless the debt be 
sooner paid; and this without any regard to the guilt or 
innocence of the debtor. Such imprisonments, too, 
were not the result of a public prosecution, as for 
crime ; but were simply a legal way of gratifying 
the revenge of the creditor upon the unfortunate 
person through whom he had lost his money. To 
this day, the debtor prisons of England are filled with 
these unfortunates; though the causes for which they 
may be imprisoned have been much restricted of late 
years.* 

351. Now, as we have already seen,f no offense 
against mere property is punishable by death in 
the United States, and though house-breakers, in- 
cendiaries and thieves are imprisoned, their depriva- 
tion of liberty is due to their offenses, not so much 
against the property, as against the peace and dig- 
nity of the State. But no plaintiff obtaining a judg- 
ment in a civil suit for money or property can get 

*See Dickens' "Little Dorrit." t See Sec. 288. 



351. Is the imprisonment of thieves and robbers in the United States in- 
flicted for the private or public offenses committed by them ? Can a credito r 
imprison his debtor ? What case forms an exception to this rule? Why? 



Lesson 34] BIGHTS OF PROPERTY. 279 

anything thereon from the defendant, except money or 
property. He cannot imprison the debtor -who can- 
not pay, except he has committed a fraud ; and in 
that case, though he can cause the arrest of the debtor, 
the latter is always admitted to bail, and his imprison- 
ment can follow only upon a conviction for fraud in a 
criminal Court.* 

352. As nearly all matters relating to the protec- 
tion of property are under the exclusive control of 
the several States, and are not included in the 
powers entrusted to the Federal Government, the 
United States Constitution is silent on the subject 
of imprisonment for debt. But the Constitutions of 
several of the States contain clauses like the following: 
"No person shall be imprisoned for debt in any civil 
action on mesne or rinal process (that is, neither 
while the suit is in progress or has been ended by a 
judgment), except in case of fraud.f 

Notes. — (a) "The life is more than meat, and the body than rai- 
ment." — Luke xii: 23. 

" A man's life consisteth not in the abundance of the things which 
he possesseth." — Luke xii: 15. 

(b) "It is a melancholy truth, that among the variety of actions 
which men are daily liable to commit, no less than a hundred and 
sixty have been declared by Act of Parliament to be felonies without bene- 
fit of clergy; or in other words, to be worthy of instant death." — 
JBlackstone, IV, 19. 

♦Cal.P. C., 154, 155; New York P. C, 212, 213. 
t Const, of Cal., Art. I, Sec. 15. 

352. Does the Federal Constitution forbid imprisonment for debt ? Why not ? 
How is it in the State Constitutions ? 



280 LEGAL IDEAS. [Lesson 35 

LESSON XXXV. 

OF BANKRUPTCY AN33 HOMESTEAD EXEMPTIONS. 

353. Here inability to pay one's debts shall not prevent a 
man from earning Ms living, or deprive his family of their 
right to a home. 

Previous to the recent enactment of "bankrupt laws, 
inability to pay one's debts in any European country 
was one of the worst misfortunes that could overtake a 
human being. Under the Roman law of the twelve 
tables, the creditors of a bankrupt might cut his body in 
pieces, and each of them take a proportionable share; or 
they might imprison him in chains, subjecting him to 
stripes and hard labor, or sell him, his wife and chil- 
dren, into perpetual foreign slavery.* And the modern 
laws of Europe have always been very severe in exacting 
the last farthing from the debtor, who wag sure to be 
stripped of all his property, including his house, furni- 
ture, and tools of trade. His family were turned home- 
less beggars into the street; his reputation was ruined 
for life, and he was sent to jail, and thereby disabled 
from earning a living for himself, or his family. 

354. In no American idea is our superior justice, 
humanity, and regard for natural rights more beau- 
tifully displayed, than in our treatment of the un- 
fortunate but honest debtor. The Federal Constitu- 
tion providesf that " Congress shall have power to es- 

*Blackstone, II, 473. See also, Leviticus xxv: 39, 47; and Matt, xviii: 25. 
f Art. I, Sec. 8, Clause 4. 

353. What was the condition of persons unable to pay their debts in Europe, 
previous to the enactment of bankrupt laws ? How was it under the Eoman law ? 

354. Is the American idea on this subject superior in humanity to the Euro- 
pean laws ? Repeat the clause from the Federal Constitution on the subject of 
bankruptcies ? What do American bankrupt laws provide ? What is meant by 
property exempt from execution ? What is the effect of a discharge in bank- 
ruptcies ? 



Lesson 35] BANKRUPTCY. 281 

tablish uniform laws on the subject of bankruptcies, 
throughout the United States." Such laws have been 
passed. They provide that when a person becomes 
honestly unable to pay his debts (or :t insolvent"), he 
can turn over to an officer, to be appointed by a Federal 
Court for that purpose, all his property for the benefit 
of all his creditors alike, except -what is exempt 
from execution — that is, such property as the law al- 
lows him to keep for the use of his family, or to enable 
him to earn a living. And this being done, without 
fraud or concealment, or any attempt thereat, the debtor 
is discharged from his debts. He can then resume busi- 
ness. If he prospers, he may if he pleases pay his old 
creditors in full (and the motives of conscience, honor, 
and the high respect earned by such acts, induce many 
to do so). But the old creditors can never compel 
payment from the bankrupt, nor can they after his 
discharge interfere with his future property or business. 
Neither is any man's reputation injured by a discharge 
in bankruptcy, when rendered necessary by circum- 
stances beyond his control, and not impugning his good 
judgment or good faith. 

355. It may seem at first sight that bankrupt laws work 
very harshly as agdinst creditors, and are anything rather 
than a protection to property. But it must be remembered: 

A. That no person is obliged to become another's 
creditor. Whoever sells goods or lends money on 
trust, does so of his own free will. It is for him to de- 
cide beforehand whether the advantage he expects to 
gain by making a loan or sale be sufficient, provided the 

355. Do bankrupt laws work any injustice to creditors? Why not? Can a 
dishonest bankrupt take the benefit of the Act ? Is equality of payment a hard- 
ship to creditors ? Why should creditors not be allowed to claim more than their 
proportion of the property of a bankrupt ? 



282 LEGAL IDEAS. [Lesson 35 

money be paid when due, to recompense him for the 
risk he runs of never receiving it. If the debtor fails 
to pay, which often happens by misfortune or accident, 
this is one of the chances the creditor took. It 
would be a great hindrance to trade and commerce, if 
the debtor were to be forced to take all the chances of 
loss to others that might grow out of his own honest 
transactions. In case of dishonesty, however, not 
only is no discharge in bankruptcy allowed, but 
for fraud the party guilty of it is liable to punish- 
ment. 

B. As 3,11 the creditors took their chances on the 
debtor's having money enough to pay all his debts, and 
it turns out that there is only enough to pay a portion 
of those debts, then it is much more fair and reasonable 
that each creditor should get his proportion of what is 
left, than that one or two should get it all, and the rest 
nothing. This equality of payment is specially 
secured by bankrupt laws. 

C. If the debtor honestly gives up all his available 
property, that is, all the property on which his creditors 
trusted him, that should be all that they in reason could 
ask of him. The old plan of "once bankrupt, always 
bankrupt/ 5 inflicted a life of misery on all who were so 
unfortunate as to fail in business. No such person could 
ever hope to rise again, because as fast as he would 
begin to save a little property, some one of his old cred- 
itors would seize it, and reduce him once more to beg- 
gary. Better that many persons should each lose 
a portion of their property, than that one person, 
and those dependent on him, should be condemned 
to a life of hopeless poverty and disappointment. 



Lesson 35] BANKRUPTCY. 283 

OP PROPERTY EXEMPT FROM EXECUTION. 

356. It is the American idea that every man owes to the 
world an equivalent for his living, and therefore must not be 
deprived (except in punishment for crime) of the means 
of earning that equivalent. Furthermore, that a married 
man owes to his family, by the law of nature, food, 
clothing and shelter; which debt cannot be cancelled by 
any law of society, compelling him to deprive his inno- 
cent dependents of the necessaries of life, in order to 
pay other debts of less binding obligation. Hence, 
nearly all the States have passed laws " exempting from 
forced sale " the home of the family, a certain quantity 
of the land, teams, tools and seed of the farmer; pro- 
visions for the family for a certain time; their furniture 
and clothing, the tools of the mechanic, the library of 
the professional man, etc. The laws of the newest States 
are the most liberal in these respects. The Constitution 
of California provides that "the Legislature shall pro- 
tect by law from forced sale a certain portion of the 
homestead and other property of all heads of families."* 

Notes. — Exemption of portions of debtor's property is increasing 
in various States of the Union, and seems to indicate a progressive 
policy in this respect. In New York, the house and land of the 
debtor, he being a householder, and having a family, to the value of 
one thousand dollars, are now exempted from sale under execution. 
To entitle the debtor to such exemption, a notice that they are de- 
signed to be held as a homestead must be recorded in the clerk's 
office of the county. This exemption is additional to that which 
previously protected certain personal property of the debtor. See 
*Cal. Const., Art. VI, Sec. 15. 

356- What is the American idea relative to every man's right to earn his liv- 
ing ? What in relation to the duty of married men to support their families ? 
Which debt is most binding, the support of one's family, or the payment of his 
debts? What legislation results from this idea? What property is generally 
exempted from execution by law ? Which States are most liberal in this respect ? 



281 LEGAL IDEAS. [Lesson 36 

Vol. Ill, p. 479, n. a.; Laws of New York, 1850, p. 499, ch. 260. 
Similar laws exist in Vermont; see Vermont laws of 1849; in Iowa, 
laws of 1849, ch. 80; in Ohio, laws of 1850; in Massachusetts, laws 
1857; in New Hampshire, laws 1851; in New Jersey, laws 1852; in 
Kentucky, laws 1854, ch. 497; in Tennessee, laws of 1856, ch. 77; 
in Alabama, 1853-54, Nos. 8, 13; and in California, where the home- 
stead exemption is $5,000, Wood's Digest* ch. XLII, 2580. See 
also same work, Art. 953, Sec. 219, for a very liberal scale of exemp- 
tions of the tools of nearly all trades and professions. See also 
Kent's Com. Ill, 478, and notes. 

Bankrupt laws have existed in England for more than three cen- 
turies, but their benefits are wholly confined to the mercantile 
classes. — JBlackstone, II, 476. 



LESSON XXXVI. 

OP MONOPOLIES AND PERPETUITIES. 

357. As the greatest good to the greatest number is best 
promoted when wealth is distributed throughout the mass of 
the people * the laws shall not favor monopolies, or heredi- 
tary accumulation in the hands of a few, "nor tend to make 
the rich richer, or the poor poorer. 

We have already seen in our first lesson that liberty 
cannot exist without equality; nor equality, when any 
class of men are allowed rights which are denied to 
others. Hence no monopoly, that is, "the exclusive 
power of dealing in any species of goods, or with any 

*" Give me neither poverty nor riches, lest I be full and deny Thee, and say, 
Who is the Lord ? or lest I be poor and steal, and take the name of my God in 
vain." Proverbs xxx: 8. 

357. State the proposition at the beginning of this lesson* What is a mo- 
nopoly ? Can monopolies be granted by Congress or the Legislature consistently 
■with the American idea? Why not? Are agreements to raise prices among 
dealers in any branch of business protected bylaw? Why not? How are they 
prevented ? What exceptions are there in favor of authors and inventors ? Why 
are these exceptions made ? Are they made for a fixed period ? 



Lesson 86] MONOPOLIES, ETC. 285 

country or market/'* "exclusive command or possession/' 
can be granted to individuals or corporations by- 
Congress or by Legislatures, without a gross and 
dangerous violation of a fundamental American 
idea. Our doctrine is, that all kinds of business are 
free to all who engage in them, so far as the law is 
concerned. Not only so, but all combinations or agree- 
ments among dealers, in any one kind of business, to raise 
prices or limit ihe quantity of any article produced, are con- 
trary to the laws against "restraint of trade/ ? and there- 
fore illegal. f The only exceptions to these general and 
uniform laws are those in favor of authors and inventors; 
to each of whom is granted, for a limited period, the exclu- 
sive right to publish his own books, or make and sell his 
own inventions. These exceptions are tolerated because 
a new book or machine takes nothing away from other 
books and machines, unless it be better than they; in 
which case the public is greatly benefitted by their com- 
position or invention. But "without the hope of gain, 
offered by the copyright and patent laws, very few- 
would care to write books or invent machines, 
and thus the greatest of all incentives to the pro- 
gress of civilization would be taken away. After 
the expiration of the stipulated time, any one is free to 
print the book or manufacture the invention, and thus 
the monopoly is short-lived. 

ENGLISH MONOPOLIES. 

358. In the days of Queen Elizabeth of England, the 
trade of that kingdom was grievously interfered with by 

* See Webster's Dictionary, 
t Blackstoiie, IV, Chap. 12. 

358. Were monopolies formerly granted by the English sovereigns ? Name 
some of them. 



283 LEGAL IDEAS. [Lesson 36 

her wholesale granting of monopolies. And this abuse 
of royal power did not cease with her reign. Such were 
the exclusive privileges granted to the Hudson's Bay 
Company (which still exists) for collecting furs in North 
America, and to the celebrated East India Company for 
the control of the East Indian trade. Such also were 
the crown grants to the early proprietors of the Ameri- 
can colonies. Thus, to William Penn was granted the 
State of Pennsylvania; to Lord Baltimore the whole 
State of Maryland, etc.; and from these proprietors all 
the colonists were obliged to purchase their lands. 

AMERICAN MONOPOLIES. 

359. It must be acknowledged that Congress has 
seriously violated this principle in a number of instances, 
in the granting of immense tracts of land to railroad 
corporations; and lately in the exclusive commercial 
grant made to the Alaska Fur Company, for the taking 
of furs in the Territory of Alaska. So far as land grants 
to railroads are concerned, public sentiment is now 
(1872) demanding a change in the policy of the Govern- 
ment; for it has been found that those huge corpora- 
tions are rapidly endangering the liberty as well as the 
equality of the people. 

PRIMOGENITURE AND ENTAIL. 

360. England has two laws designed expressly for the 
perpetuation of wealth in families, by inheritance from 
generation to generation. One of these is the law of 
primogeniture,* by which the eldest son is the legal 

*Blackstone, IV, 421,. 

359. Has Congress violated this principle? In what cases? What is the 
present condition of public sentiment on this subject? 

360. Describe the English law of primogeniture. What is its effect? Of 
entail. How does this law operate ? What is the joint effect of these laws in 
promoting monopolies ? 



Ljssson 36J MONOPOLIES, ETC. 287 

heir to all his father's lands, leaving only the personal 
property, if any, to his younger children, who are thus 
often obliged to become dependent on the older brother, 
or to go out and work for their living while he is rolling 
in wealth. The other is the law of entail,* whereby a 
person making a will can make it impossible for his heirs, 
perhaps to the third or fourth generation, to sell his 
landed property. By the operation of these two laws 
the largest estates the world ever heard of are retained 
in the possession of certain English families, who by 
this means, aided by their titles, and other hereditary 
dignities, are enabled to maintain their power in perpe- 
tuity. 

NO SUCH LAWS IN THE UNITED STATES. 

361. But in America, nothing of this kind is al- 
lowed. Both of these laws are infringements upon 
liberty, for the youngest son, or the daughter, has as 
good a natural right to inherit a portion of the father's 
wealth as the oldest son. It is no fault in the former, 
no merit in the latter, that one happened to be born at 
a different time, or of a different sex, from the other. 
Why should their fortunes differ on such a ground 2 
And the heir inheriting property under restraint from 
selling it, cannot do as he will with his own, so that he 
cannot enjoy all the rights of property over it. No law 
of primogeniture or entail finds place on American 
statute books. f 

362. The laws- shall not tend to make the rich richer, nor 
the poor poorer, 

*Blackstone, Chap. VH. tSee Sec. 272. 

361. Is anything of thi3 kind allowed in the United States? What injustice 
is effected by the laws of primogeniture and entail ? 

362, Do American laws tend to make the rich richer, and the poor poorer? 
What would he the tendency of such laws ? Give an instance of their operation ? 



288 LEGAL IDEAS. [lesson 36 

If the laws had such tendency, they would lead di- 
rectly to the formation of aristocracy, and would be un- 
just to the poorer class — that is, to the great majority — 
for the rich are always a very few among the whole 
number of people. Thus, if a monopoly of trade in a 
certain article, such for instance as coal, could be pro- 
cured by law in favor of a certain set of dealers, no 
person would then be allowed to buy coal except from 
the monopolists, who would of course put up the price 
so as to become enormously wealthy at the expense of 
the multitude who buy coal. Such a law would make 
the rich man richer, and the poor man poorer. 

363. Now it is impossible for the law in a free country 
to prevent temporary commercial monopolies : for the 
movements of trade left to themselves are governed by 
the laws of trade. These laws are better understood by 
some men than by others, and as the shrewd, far-seeing 
business man is as much protected by law in his acquisi- 
tions (provided no law be violated in gathering them), 
as the ignorant, stupid or careless man, he will naturally 
add to his wealth at the expense of others not so able or 
so fortunate. And at first sight this looks as if the law 
were partial to such men. But this is a mistake. The 
laws of the game of chess are the same to both players; 
but that does not deprive the better player of his superior 
skill, nor of his consequent ability to win the game. 

363. Is it possible for the law in a free country to prevent temporary com- 
mercial monopolies ? Why not ? What laws should be left free to govern trade ? 
Must the laws of the land protect all, including shrewd and energetic men, in 
their honest gains? Why? Would there remain any motive for exertion if 
industrious and prudent people were denied the enjoyment of the fruits of their 
labors ? Must not some, therefore, succeed better than others ? WOuld it be 
just for the laws to compel a division of the property of the rich in favor of the 
idle and poor ? What is the restriction in the United States upon the enactment 
of laws interfering with the laws of trade ? Why are mere commercial monopo- 
lies temporary in their nature ? What only can create a permanent monopoly ' 



Lesson 36] MONOPOLIES, ETC. 289 

The rules of base ball are alike to both clubs, but that 
does not prevent the best muscle , skill and practice from 
driving the weaker and less expert party from the field. 
If there were laws in such games giving to one 
party the right to the victory in all cases, then 
such laws would be as oppressive and unfair as 
laws of the land which should make the rich richer 
and the poor poorer. The American idea herein is, 
that the laws of the land shall not restrict the laws 
of trade. Thus all have an equal chance, except as 
against the superior knowledge, activity, energy, pru- 
dence, economy and foresight, with which nature and 
education always favor some individuals more than 
others. And shrewd financiers are continually scheming 
to form and control commercial monopolies. In this 
they may succeed for a time, but the duration of 
their success is always brief. Death, revolutions in 
fortune, and free competition, soon break up the scheme. 
Nothing but legislation can create a permanent 
monopoly, and this kind of legislation is uncon- 
stitutional in nearly all the States.* 

364. American law sustains, in some respects, 
the same relation to property that it does to 
religion. The State depends for popular morality on 
the churches, and for popular prosperity on business; 
therefore all churches are free, and all business is free. 
The State cannot ally itself to any one sect to the exclu- 
sion or injury of any other; f neither can it favor one 
business to the damage of another. The religionist is 

*Thus, the Constitution of California provides that "No perpetuity shall be 
allowed except for eleemosynary (i. e., charitable) purposes." Art. XI, Sec. 16. 
t See Lesson XHI. 



364- In what respects does American law bear the same relation to property 
as to religion ? 

25 



290 LEGAL IDEAS. [Lesson 37 

left to the control of his own church in all matters per- 
taining thereto: so the merchant, manufacturer and 
tradesman are left to the operation of the laws of their 
respective callings. The results are parallel; for while 
the voluntary zeal and activity of religions was never 
more marked than in the United States, so the variety of 
occupations, the energy of industry, and the general 
pursuit of wealth, were never more productive than 
among our people. 



lesson xxxvn. 

OF PRIVATE PROPERTY TAKEN FOR PUBLIC USE. 

385. "Private property shall not be taken for -public 
use without just compensation. 3 ' * 

There are two cases in which Government rightfully 
takes private property for public use. The first is by 
way of the taxes levied upon all the people in propor- 
tion to their property for the purpose of paying its reg- 
ular expenses,f for taxes are the price of the pro- 
tection which the Government gives to the lives, 
liberties and remaining property of the tax-payers 
and their families. 

366. The other case is when the Government requires 

* Federal Cpnstitution, Amendment V. 
t See Lesson XIX. 

Lesson XXXVII. — 365. In what two cases may the Government rightfully take 
private property for public uses ? What is the consideration given by the Gov- 
ernment to the people for the taxes they pay ? 

366. Why, and on what conditions, is it proper for the Government to take 
other private property for public use ? Repeat the quotation from the Consti- 
tution ? Does not the public good often require the use of private property ? 
Could Government be carried on successfully if it had not this power ? How is 
the price to be paid f er such property determined ? 



Lesson 87] Fill V ATE PROPERTY, ETC. 291 

land for the erection of public buildings, forts, light- 
houses, navy yards, railroads, or canals, all whereof are 
a greater good to a greater number of people than the 
land is to its owner. And, in case of war, an army in 
need of supplies will take the horses, wagons, and crops 
of the farmer, or goods of the merchant. In all such 
cases, -what is wanted by the many (represented by 
the Government) must often be taken from the few. 
But if it were taken without paying the just 
value thereof, then the few -would be oppressed 
by the many, and great injustice would result. 
For instance : if the country be invaded, it benefits all 
the citizens alike to have the enemy beaten. All there- 
fore should pay in proportion to their property for the 
expense of defending the country. If, however, an 
individual were liable to be deprived of all he has for 
the public benefit, he would be assessed much more than 
his share of this expense, while the public would escape 
payment for what is thus applied to its benefit. Justice 
and equality therefore require that what the pub- 
lie needs, the Government shall have the right to 
take, but it must pay a fair compensation for it. 
If the owner refuses the price offered by the Govern- 
ment, the latter will take the property, and afterwards 
pay such amount for it as the verdict of a jury, or the 
award of commissioners, will pronounce a fair compen- 
sation. In this way only can the Government 
perform its duty to the people without either op- 
pressing individuals or being defrauded by them. 
For it often happens that the Government is the only 
purchaser for a piece of land so situated as to be indis- 
pensable for a fort, a lighthouse, or a road, and yet 
worthless for any other purpose, but for which the 
owner demands an extortionate price; or in case of 



292 LEGAL IDEAS. [Lesson 37 

emergency, the owners of articles needed for the supply 
of troops might refuse to furnish them except at many 
times their value. Thus the many would be taxed for 
the benefit of a few, and the powers and purposes of 
Government seriously crippled ot embarrassed by indi- 
vidual greed. 

Private property must therefore be yielded up to 
Government, when the public good requires it, but 
the owner thereof must be compensated in the fair 
value of such property. 



Part hi. 

lectures on the duties of 
the american citizen. 



PAKT HI. 
OF THE DUTIES OF THE AMERICAN CITIZEN. 



LECTUKE I. 

EARNING A LIVING. 

367. We have hitherto sketched the outlines of many 
of the peculiar ideas which animate the American sys- 
tem of government. The list of topics is not complete, 
nor can it be made so without far exceeding the limits we 
have contemplated. Those who desire to know more may 
follow up this study through many volumes of history, 
political science and law, and then perceive that there is 
still much to be learned. We hope, however, that 
enough has been shown in this little work to excite the 
young citizen to push forward to a higher plane of 
knowledge : enough to suggest to all readers the grave 
responsibilities they sustain as voters under the Ameri- 
can system. For it is upon the personal character 
of the citizens that the whole political and legal 
edifice rests. If the public are corrupt, so will the 
Government be. If the people are careless of their pub- 
lic duties, knaves (or fools, the tools of knaves) will sure- 
ly control the public destinies. If the people lose the 
sense of justice, the bench will no longer administer it- 



296 DUTIES OF TEE CITIZEN. [iacim i 

If they become fond of military glory, the shock of arms 
and cries of the wounded will soon drown the voice of 
industry. If they patronize a flagitious press, the press 
will demoralize them in turn. If they cease the practice 
of Christian charity, strife and proscription will soon 
displace peace and good will among men. All these 
evils, or others of similar nature, have from time 
immemorial overtaken those nations whose people, 
enervated by luxury or intoxicated by prosperity, 
have given the reins to their individual passions, 
and thus dry-rotted the virtue of society. 

368. It is a maxim in natural philosophy that there is 
no particle of matter, however small, but it affects every 
other body of matter in the universe, however large. So 
it is in the American commonwealth; in which there is 
no person, however humble, who does not influence in 
some degree the entire community. Yet no one person 
in a republic is responsible for the acts of all : he 
must answer only for his own. Can you not see at 
once, that if every citizen always acted under the 
sense of personal responsibility, the acts of the pub- 
lie would necessarily be reasonable and just? 

369. We come now to consider what principles 
should actuate each individual, in so regulating his 
own conduct that he may be worthy of the exalted 
name of an American. To you, young man, we espe- 
cially address this discussion; for in a few years youth 
will become manhood, and upon you individually, 
and on no one else, will devolve your share of the 
destinies of this great nation. 

THE DIGNITY OF LABOR. 

370. You have heard the expression, " the dignity of 
labor/' but you have probably not realized the meaning 



Leciure l] DIGNITY OF LABOB. 297 

of it. If your parents are poor, and have been obliged 
to work on a farm, or in a factory, store or shop, for 
wages so low that they could hardly feed you; sur- 
rounded by ignorant, perhaps vicious, fellow-laborers; 
you have doubtless thought hardly of their lot, and won- 
dered what the politicians meant who came for votes, 
and talked of the dignity of labor. And if you are the 
child of wealth, accustomed to look down upon menials 
and mechanics; to prize a soft hand and fine clothes as 
the marks of the "gentleman," you have learned to de- 
spise labor as something beneath the level of your stand- 
ing in society. But both these notions are fatal errors, 
relics of monarchical traditions — false in fact, dangerous 
in their tendencies, and totally opposed to the Ameri- 
can idea. 

371. The American doctrine is that all labor is hon- 
orable — labor of the hand as well as of the head. It is 
only with labor of some kind that man is able to pay 
the world for his living. Every one must somehow get 
food, clothing and shelter, or he cannot live. But he 
can do this only in one of two ways : either he must 
provide for his own wants, or some one else must 
do it for him. If the latter, then the recipient of such 
favors, having little or nothing to do, is not only a bur- 
den upon whoever supports him, but is a useless member 
of society. His faculties rust for want of use; his 
passions take possession of him, for he must needs amuse 
himself; idleness breeds vice; vice leads to crime; and 
by and by the State will very likely be charged with his 
support as a vagrant, a drunkard, a gambler, or a crimi- 
nal. 

" Satan finds some mischief still 
For idle hands to do. M 

On the other hand, whoever maintains in idleness a 



298 DUTIES OF THE CITIZEN. [Lectuee 1 

person able to support himself, is burdened with more 
than his share of responsibility. His rights are invaded, 
for the other does not so enjoy his liberty as to permit 
his father or friend to do the same. And if it be the 
State that is so burdened in supporting paupers and 
convicts, then the cost of their maintenance must be laid, 
in taxes, upon the shoulders of the laboring members of 
the community; who must thus divide their earnings 
with those who have no personal claim upon them. 

372. But if the citizen (having no inherited wealth), 
depends upon himself to pay his way, he must 
convert the sweat of his brow or the toil of his 
brain into some article valuable to other men, in 
exchange for which his living, and generally more, 
will be furnished him; and what results from 
this process ? 

A. The earth is made to yield abundantly, to 
supply the wants of man. Millions of civilized people 
are supported by the cultivation of the same lands that 
in a natural state would feed only a few savages. 

B. The powers of men are developed, for it is a 
law of human nature that these powers can become 
strong only by use. The more you do, the more you 
become able to do. The weak muscles of the city fop 
would be exhausted by a few moments of the labor 
which the hard-handed farmer or wood-chopper easily per- 
forms day after day. The trained thought of the lawyer 
makes light of many a mental task which to the unedu- 
cated is wholly impossible. " Practice makes perfect." 

C. Universal occupation creates universal hap- 
piness and virtue. There is no misery like long con- 
tinued idleness. Busy people have no time for vice. 
" The consciousness of a well-spent life makes old age 
pleasant. " 



Lecture 1] DIGNITY OF LABOE. 299 

D. Industry of one kind creates another. Thus, 
agriculture creates manufactures; manufactures stimulate 
the mechanic arts; both of these require commerce, 
which binds all nations in peaceful communication with 
each other. 

E. The habit of self-support creates self-reliance, 
self-respect, self-restraint, prudence and judgment. 
Direct contact with the laws of nature — the result of all 
work — makes men thoughtful. Habits of thought con- 
tinually extend the circle of knowledge. Dealing with 
other men in the transactions of business sharpens the 
observation, and stimulates the ambition to make the 
best use of all opportunities. 

373. Now all self-supporting men and women 
are laborers. It matters not what kind of labor they 
perform, so long as each serves the community to the 
best of his or her ability, at least to the extent of earn- 
ing the necessaries of their own lives. Paul did not dis- 
criminate against menial or mechanical labor when he 
wrote to the Thessalonians : ' • That ye study to be quiet, 
and to do your own business, and to work with your oiun 
hands, as we commanded you: that ye may walk honestly 
toward them that are without, and that ye may have lack of 
nothing."* Nor did he fail to set an example of indus- 
try, of which he reminded them when he said, that 
" Neither did we eat any man's bread for naught, but 
wrought with labor and travail night and day, that we might 
not be chargeable to any of you." f 

374. Do you now ask: Where is the dignity of 
labor? Is there no dignity in that wonderful industry 
that has cleared our lands of their boundless forests, and 



*IThess. iv: 11, 12 

t II Thess. iii: 8. (Paul was a tent-maker by trade.) 



300 DUTIES OF THE CITIZEN. [LEcnmE l 

supplanted the straggling Indians of three centuries 
ago with forty millions of civilized beings? Is there no 
dignity in the genius that invented the cotton-gin, the 
steamboat, the telegraph, the monitor, the reaping 
machine, and has filled the patent office with more than 
a hundred thousand other inventions in less than a third 
of a century? Is there no dignity in the construction of 
our 52,000 miles of railroads, our 3,200 miles of canals, 
our 500,000 miles of mail roads, and our tens of thou- 
sands of ships and steamers? Is there no dignity in the 
building of a hundred cities, and of ten thousand vil- 
lages and towns: in the culture of hundreds of millions 
of acres of land; in the working of mines; in a thousand 
factories; in the printing houses, the schools, the 
churches, the commerce of the United States? Yet 
what "but labor has wrought all these great works ? 

375. Beware, therefore, how you despise labor. 
Rather honor it, and this for its own sake-— for its results 
to others as well as for the rewards it brings. "Who can 
tell what it is doing to-day for even the humblest toilers, 
or to what heights it may raise the lowest of its votaries ? 
Washington began life as a surveyor, Franklin as a 
printer, Lincoln as a splitter of rails; Henry Clay was a 
mill boy; Daniel Webster was a farmer; A. T. Stewart 
was a clerk. Take the great men of the nation at any 
period, and you will find that all of them learned to 
work in their youth, nine tenths of them at some menial 
or mechanical occupation. If they had not thus been 
thrown upon their own resources, they never 
would have developed the powers which after- 
wards won their way to the highest places in their 
country's gift. 

378. Your first duty, therefore, to yourself, your 
family, and your country, is to show that you 



Lectube 2] OBEY THE LAWS. SOI 

honor useful work by learning a trade or profes- 
sion, -whereby you can pay to the world an equiv- 
alent for your living. And thereafter, never de- 
grade yourself below the level of an American 
citizen by owing any one the favor of supporting 
you, or those dependent on you. 



LECTURE II. 

OBEY THE BAWS. 

377. Tou cannot have understood the foregoing 
lessons, without perceiving that except the mass of the 
people VOLUNTARILY obey the laws, there is no 
binding force in any of the institutions of the coun- 
try. You are one of the mass of the people. Should 
you as a single individual, or in company with a few 
others, undertake to break the laws, you will be very 
likely to suffer for it as a criminal. Should you be on© 
of a large number who conspire against the institutions 
of the land, you would all be enemies of law and order — 
or in effect, traitors to American ideas. And should you 
succeed in enlisting a majority of the people against the 
Constitution and laws, then you would introduce revolu- 
tion; and chaos, confusion and bloodshed would take 
the place of peace, order and prosperity.* 

278. It becomes therefore a matter of public 
necessity that every individual should WIL- 
LINGLY obey the laws. It is especially so in Amer- 
ica, because here the laws are based on public 
opinion, and we have no standing airmy, no governing 

* Such was the French Revolution of 1789. 



302 DUTIES OF THE CITIZEN. [I,*oxore 2 

class, to compel obedience, if the mass of the people 
oppose the law. (See Sec. 122.) And in all cases 
where the law affects individuals, they are presumed 
to know what it requires. If this were otherwise, 
every criminal could plead his ignorance of the law as an 
excuse for crime, and he would thus escape punishment. 
But as very few persons besides attorneys and public 
officers can find the time to study all the details of the 
statutes, you can save yourself that labor, and yet keep 
out of all serious trouble by simply observing toward 
all the Golden Eule : ' ' Whatsoever ye would that men 
should do to you, do ye even so to them." No citizen 
of a Free Government who observes this rule will 
ever he arrested on a criminal prosecution, or have 
any disputes, at least of his own making, involving 
the rights of others, 

RESPECT FOR RELIGION, 

379. It is a natural inference that if there be one text 
in the Bible of so great advantage to human happiness, 
there must be many such in the sacred volume. If the 
superior civilization of the American Constitutions and 
laws be* based (as we have seen) upon the Bible, then 
those Constitutions and laws will be best understood 
when examined in the light of the Bible. Such was the 
view of the fathers of the republic. Such, in effect, was 
the advice of the great Washington, when, in his Fare- 
well Address to his countrymen, he used this beautiful 
language : 

"Of all the dispositions and habits which lead to 
political prosperity, religion and morality are indispen- 
sable supports. In vain would that man claim the 
tribute of patriotism who should labor to subvert these 
great pillars of human happiness — these firmest props 



Lectoile 2] PERSONAL INDEPENDENCE. 303 

of the duties of men and citizens. The mere politician, 
equally with the pious man, ought to respect and cherish 
them. A volume could not trace all their connections 
with private and public felicity. Let it simply be asked, 
Where is the security for property, for reputation, for 
life, if the sense of religious obligation desert the oaths 
which are the instruments of investigation in Courts of 
Justice? And let us with caution indulge the supposi- 
tion that morality can be maintained without religion. 
Whatever may be conceded to the influence of refined 
education on minds of peculiar structure, reason and ex- 
perience both forbid us to expect that national morality 
can prevail in exclusion of religious principles ."* 

380. It is your duty therefore to respect and rever- 
ence religion. Connect yourself and family with some 
church, if not as members, at least as attendants and 
contributors. Even though in all things you can adopt 
no religious faith as your own, you will at least thus 
discharge a debt every man owes to his children, and 
assist in the perpetuation of religion among the people, 
who without it w T ould soon lose the civilization they owe 
principally to its divine teachings. The religious 
feelings of others you -will always treat as sacred. 

PERSONAL INDEPENDENCE. 

381. In him who realizes the vast fields which political 
liberty offers to his occupation — whose energies are ex- 
cited by work — who realizes that he is one of the 
sovereign people, and has all the rights that are enjoyed 
by the most favored fellow-citizens — in such a man 
there grows a feeling of personal worth and in- 
dependence which scorns the dictation of other 

* Spencer's United States History, Div. IV, p. 396. 



804 DUTIES OF THE CITIZEN. [Lecture 2 

men. No such man needs to pin his faith on another's 
coat-sleeve, or abjure his own right of opinion at the 
bidding of those no better than himself. To him the 
books of nature and of art are as widely open as to any 
one. His faculties are such as God made them, to whom 
alone he is accountable for their use or abuse. To him 
<f authority " has no meaning except the command be 
from Deity, or from the laws of the land which he him- 
self has helped to frame. To him the attempts of his 
fellow-mortals to clothe themselves with the attributes 
of the Almighty, and to claim the right to force the wills 
or the consciences of other men, are but as the ravings 
of the insane, or the toothless drivel of senility. The 
American " proves all things/* that he may " hold fast 
that which is good."* He will never consent to make 
that proof by proxy, or to wear the chains with which 
arbitrary dogmatism is ever ready to fetter him. 

CULTIVATE OPINIONS OF YOUR OWN. 

382. As you go through life, you will often move 
in an atmosphere of lies. False statements of facts, 
exaggerated rumors, fallacious arguments in books and 
newspapers, one-sided pleadings by attorney s and stump 
orators, controversies among many sects of which all 
cannot be right, errors in the garb of science, mistakes 
in judgment — these will harass you at e^ery turn. If 
you follow all who seek to lead you, the weather-cock 
will not be more variable. In such case you will be a 
turn-coat in politics, a pervert in theology, " everything 
by turns, and nothing long." Such a character as this 
is as unmanly and un-American as it is unnecessary. 
To be led about at another's will is the bada-e of indo- 



*1 Thess. v: 21. 



Lectuee 2] NEVER NEGLECT TO VOTE. 305 

lence, the mark of a dormant and feeble mind. You 
are not responsible for the errors of others, though mobs 
or parties believe them, until you adopt them as your 
own. Neither are you to be credited with the truths of 
others, unless they commend themselves as truths to 
your own reason. But you ARE responsible for 
your acts, whether performed merely to please 
another, or because you consciously choose to a<$t 
out your own convictions. This responsibility is 
to God, to your own conscience, to your family, 
your friends, and your country. "Why should you 
betray all these by the cowardly surrender of your right 
of free opinion to those who would use you for their own 
purposes? 

Personal independence of thought and character 
is the most striking characteristic of the true Amer- 
ican citizen. Be sure you are right before you act : 
you -will not then have to yield to others the credit 
due to your own good sense, nor be liable to the 
charge of vacillation or subserviency. 

NEVER NEGLECT TO VOTE. 

383. As the law is designed for the punishment of 
evil men, while good men may live without being con- 
scious of its existence, so knaves are continually trying 
to get possession of the Government, which is apt to be 
neglected by those who neither fear its power, nor covet 
its offices. To such an extent has this evil grown in our 
country, that the phrase " the filthy pool of politics " 
has become a popular by-word, expressing the idea that 
to take an active part in political affairs is to throw aside 
respectability. No greater misfortune could have be- 
fallen our institutions than such a conviction in the 
public mind. What! Shall our law-makers be chosen 



306 DUTIES OF THE CITIZEN. f Lectuee 2 

only from among the law-breakers ? Shall the defense 
of our rights be entrusted to ignorance and vice ? Shall 
criminals be sent to the Capital instead of the State 
Prison ? Shall only sharpers and blacklegs select our 
candidates for office; thieves and bullies control the bal- 
lot-box; corrupt partisans sell or pervert justice in the 
Courts? Shall the jury be packed with perjurers; the 
Executive join hands with plunderers; and defaulters 
revel in the public spoils ? 

384. That such abuses of our system do occasion- 
ally show themselves, is due to the fact that the 
best citizens neglect to take part in political con- 
ventions, to attend the primaries, and vote at elec- 
tions. Let not this political CRIME be laid to your 
charge. See that you attend every meeting, convention 
and election where your voice or your vote may help to 
turn the scale in favor of good men and sound princi- 
ples. Let not the combinations of self-seeking politi- 
cians succeed. Expose their villany and double dealing. 
Do your utmost to secure the nomination and election 
of trustworthy candidates for every office. Let it not 
be said that for want of your vote the worst ticket 
was triumphant, or the wrong resolution adopted. 
Liberty cannot be preserved merely by the written law. 
Constitutions are not self-executing. They are like 
ships: no matter how strong and well built, they are of 
no use without a competent crew. And as a drunken or 
unskillful ship's company, though shipped for only the 
shortest voyage, will wreck the finest vessel; so will 
ambitious and corrupt public officers make speedy de- 
struction of the liberties of the nation. Never forget in 
all your public conduct that " Eternal vigilance is the 
price of liberty." 



Lecture 3] OFFICE SHOULD SEEK TILE MAN. 307 

LECTTJKE III. 

THE OFFICE SHOULD SEEK THE MAN, AND NOT THE MAN THE 

OFFICE. 

385. In Sec. 200, you may recall this passage: " We 
have the whole community from which to select our office- 
holders; consequently, it must be the fault of the people 
themselves if any but the best men are selected for office " 

Now, who are the best men to be trusted with office? 
Who but those who are naturally and socially 
prominent by reason of their talents, education, 
patriotism, public Spirit, correct business princi- 
ples, good habits, and experience in public and pri- 
vate affairs? You will find few men who possess all 
these good qualities, but there are always enough of 
them to fill the offices in any town, city or State. When 
you find a man whom you can trust in your own 
private business, THAT is the man who can be 
trusted with public interests. In the choice of 
Judges you will also, of course, select some one learned 
in the law. In selecting Legislators, the same principle 
should apply; for you might as well go to a carpenter to 
make you a pair of boots, as to expect anything but mis- 
chievous legislation from men totally ignorant of the 
work of law-making. And in filling all 6ffices, nominat- 
ing conventions should seek the best man for each 
public employment, asking concerning him only three 
questions: Is he honest? Is he capable? Is he the 
best man for the place ? 

338. But when you observe any individual ma- 
neuvering to carry a nomination or election in his 
own favor, especially by the use of money or 
promises, ALWAYS VOTE AGAINST HIM! Why 
does such a man seek office ? Is it to make a living ? 



308 DUTIES OF THE CITIZEN. [Lectuke 3 

No man who cannot earn a living out of office is fit to 
be trusted in it. Is it from love of power ? The 
world is full of people who love power for its own sake, 
but these are the very persons who cannot be trusted 
with the liberties of republicans. America wants ser- 
vants, not masters, in her public places. Is it for the 
honor of an election ? There is no honor in forcing 
one's self into office. Such manner of obtaining it 
is always at the expense of the honor with which 
the officer might otherwise be regarded. The Sen- 
ator who buys his seat commands no respect from the 
people. Is it from love of notoriety ? The vain fel- 
lows who are the slaves to this failing never become 
celebrated. Their brains are too light for the work 
which alone earns enduring fame. 

387. If none of * these motives are attributable to the 
office-seeker, there can remain but one other, and this the 
worst in the catalogue. His object must be to make 
money at the expense of the people — by the sale of 
his official services. Never vote for such a can- 
didate under any possible circumstances! When 
you are willing to rely on the word of a perjurer, 
to trust a traitor, to employ a thief as your cashier, 
or a burglar as your private watchman, then it 
will be time enough to trust the public interests to 
the care of the corrupt office-seeker ! 

388. Whoever, therefor, nominates himself to an 
office of trust or profit, especially if he be appar- 
ently determined to succeed by fair means or foul, 
and is assisted by men of questionable reputation, 
should invariably be voted down by all high- 
minded citizens. The motives of such a candidate 
must always be unworthy or corrupt. Honest, 
patriotic men never force themselves before the public. 



Lectdbe3] JURY DUTY. 309 

These wait until the public calls for them. The 

fathers of our country did not pack conventions, bribe 
delegations, or buy the press to secuje their own elec- 
tions. They -waited till the office sought the man. 
When we peruse the illustrious names in our early history, 
can we not recognize the kind of men the offices sought! 
Let it be the duty of your generation to prove the repub- 
lic still superior to monarchy, by always seeking out and 
promoting such citizens as the nation may justly delight 
to honor. Remember that the offices under our form of 
government were not created to gratify the ambition or 
rapacity of individuals. Ihey were designed for the em- 
ployment of the best talent obtainable for the service of the 
sovereign people. When the interests of the- office-holders he- 
come paramount to those of the public, then republicanism 
must be acknowledged a failure. 

JURY DUTY. 

389. You will occasionally be called on as a citizen to 
serve on the jury, and when summoned you will be very 
apt to find it inconvenient to attend. You will often 
begrudge the loss of time and absence from your busi- 
ness which this duty demands at your hands, and you 
will therefore get excused from it if you possibly can. 
But how will this disposition on your part affect the 
administration of justice ? It is the good citizens, not 
bad ones, who are always busy. Suppose all the good 
men were to be released from the jury on such grounds, 
does it not follow either that the trial by jury must be 
abolished, or else that the idle, the dissolute, who may 
be the friends or even partners of indicted criminals, or 
of corrupt litigants, will find their way to the jury box, 
there to acquit the guilty, or sell their votes to the 
highest bidder? Yet what other result can follow the 



310 DUTIES OF THE CITIZEN. [Lectdbe 3 

general reluctance on the part of the best citizens to 
serve their country as jurors? 

390. Never shirk your duty when called to aid in 
administering the law, as a grand or trial juror. 
Apart from the solemn duty you will thus render to your 
country, you will find the service more than compensated 
by the instruction you will derive from it. For it will 
make you familiar with the forms of justice, the rights of 
persons, and of property, with the civil and criminal 
law, and the law of evidence. To study human natnre 
in the Court room is always interesting. And jury duty 
is excellent discipline for the mind, for it cultivates the 
reason and helps to form habits of discrimination be- 
tween truth and falsehood, which elsewhere will serve 
you in good stead. 

HOME. 

391. Home! the abode of the highest earthly bliss, the 
nursery of domestic virtue, the ever-flowing fountain of 
love, the beginning of our existence, the point of con- 
tact between successive generations — how sacred the as- 
sociations which cling around it in every Anglo-Saxon 
breast! How do we all revere the self-denying father and 
toiling mother who brought us into being, tended our 
childhood, formed our earliest ideas; fed, clothed and 
sheltered us, during the dependent years of youth ; ad- 
vised: us unselfishly, as only parents can, in our first 
essays to walk alone the slippery paths of life ! "What 
love and companionship so soothing as that of a wife ; 
what friendship so strong as that of brothers and sisters; 
what enjoyment so pure as that of a father and mother 
caressed by their own affectionate children ! Will you 
not perform your part in perpetuating the great Amer- 
ican idea of Home ? 



Lecture 3] HOME. 311 

392. Or will yon neglect your duty as a man and a 
citizen, by selfishly remaining single, preferring the 
mean, isolated gratification of avarice to the highest 
happiness vouchsafed to man? Or if you marry, can you 
expect to realize the ideal domestic life in crowded hotels 
and boarding houses — where fashion supplants nature; 
where the wife must substitute idleness, extravagance 
and folly for the industry and economy of her own 
domicile ; where the husband must encounter the temp- 
tations of luxurious dissipation; and where children 
are not only denied their rights to liberty and health, 
but are merely a nuisance to the artificial society that 
deems itself afflicted by their presence? 

393. Such was not the idea of those old Puritans, 
Huguenots and Quakers, who, with their noble families 
of sturdy sons and thrifty daughters, laid the founda- 
tions of this great republic. Nor will the men and 
women of your generation hand down our institu- 
tions in their purity to posterity, unless they pre- 
serve from desecration the sacred idea of home. 

Live therefore in your own house. Protect the 
privacy of your family. Regard the comfort, beauty and 
attractiveness of your dwelling as objects worthy of your 
careful attention, for to these your children will look 
back in after life as upon the bright colors of the sunset 
cloud. Prove yourself a good husband and father. 
Exert your every energy in the education of your 
children. See that they thoroughly understand and 
love the system of American ideas. And rest as- 
sured that when old age creeps over your declining years, 
the remembrance of duty rightly performed to those who 
are to come after you, will add more to your peace of 
mind than every other gift this world has power to be- 
stow. 



312 DUTIES OF TEE CITIZEN. [Lecture 4 

Notes.- 1 -" Lo, children are an heritage and gift that cometh of the 
Lord. Like as the arrows in the hand of the giant, even so are the 
young children. Happy is the man that hath his quiver full of 
them ; they shall not be ashamed when they speak with their enemies 
in the gate." — Psalm cxxvii: 4-6, 



LECTTJEE IV. 

THE UNIVERSAL BROTHERHOOD OF MAN. 

394. " God, that made the world and all things 
therein, hath made of one blood all nations of men 
for to dwell on all the face of the earth."* 

You have gathered from the lessons of this book that 
mankind have always been prone to wars and persecu- 
tions. Divided into many nations, races, and religions, 
each point of difference has been made the subject of 
bloody debate. Feuds between clans and faiths have 
been handed down from father to son; so that even yet 
the smouldering embers of ancient wars are ever ready to 
kindle new conflagrations among the descendants of an- 
cient foes. Thus the Mohammedan hates the Christian; 
the Eussian detests the Turk; the Caucasian races de- 
spise the Indian, the Negro, and the Mongolian. There 
is a rancorous feeling between the French and Germans; 
between the English and the Irish; between the Protest- 
ant and the Catholic; between the Greek and Latin 
churches; between the Jew and Gentile; and between 
various Protestant sects. What are all these hereditary 
spites but remnants of barbarism, or the outgrowth of 
depraved prejudice ? Shall it be said that the Christian 
civilization of the United States does not rise above these 

*Actsxvii: 24, 26. 



Leotdbb 4] BROTHERHOOD OF MAW. 813 

foolish and wicked old-world notions? Can it be that 
all men are invited to enjoy the blessings of civil liberty 
in this " land of the free; 5 ' that to all men who profess 
attachment to our Constitution the ballot is entrusted, 
irrespective of birth or of faith; that the law protects 
all, educates all without distinctions of any kind; and yet 
no higher morality than that of Europe or Asia inspires 
our ideas ? 

395. You have studied the foregoing lessons to little 
use, if you cannot free your mind from all prejudices of 
class, faith, color, or nationality. How dare you dis- 
criminate, -where God does not, or deny the rights 
which His laws, re-enacted in American institutions, 
have guaranteed alike to every human being? There 
may be among us those who have not enjoyed your ad- 
vantages of free education — the slaves of tyranny, of 
ignorance and vice. But where did you acquire the 
right to blame sych people for the accidents of their 
birth and early training ? Had you been so born and 
trained would you be any more advanced than they ? 
Have they not by nature the same reason and under- 
standing, the same passions and feelings, the same body 
and mind, that you have ? How know you but in 
their hands, American advantages would have pro- 
duced even higher results than in yours? How 
know you what American education will do for their 
children ? 

296. Commiserate then the failings and misfortunes of 
others. Believe their sufferings. Enlighten their minds. 
But despise not any man who equally with yourself was 

created in the image of God. 

27 



314: DUTIES OF THE CITIZEN. [Lectube 4 

PROGRESS. 

397. Given a nation of many millions of freemen, each 
dependent on his own exertions for all his acquisitions; 
each trained to think, act, and work for himself, know- 
ing that the law will secure to him alone the fruits of 
his labors, who can calculate the aggregate of the pro- 
ductions, the inventions, the knowledge of such a 
nation ? The American discards the old notion of build- 
ing an empire by the conquest of weaker peoples. But 
in the conquest of nature, what excitement in discov- 
ery, what happiness in enjoyment, what pleasure in 
accumulating knowledge and wealth, what growth 
towards a higher existence than that which is bounded 
by our perishing bodies! The works of the Creator, the 
laws of mind and matter, the study of humanity, the 
development of the earth's riches, the extension of com- 
merce, the annihilation of space — what fields do these 
open to the possession of all w r ho choose to occupy 
them ! Hence, the American is a firm believer in 
human progress. 

398. To the savage a drop of water suggests no ideas 
beyond a wetting in the rain, or a slaking of thirst; yet 
let us see with what a world of thought progressive 
knowledge has invested it. 

We may treat it in connection with the laws of gravi- 
tation, which not only causes the rain to fall, but the 
earth to keep its orbit, and all the planets to revolve 
around the sun. 

We may think of it in relation to light, which the 
cloud-drops refract into many colors forming the rain- 
bow; or it suggests the lens, through which we bring 
down the stars to our level, or summon the smallest 
atoms of creation to our plane of observation. 



Lecttoe i] PROGRESS. 315 

We may observe the forms it takes, such as the 
sphere, the circle, the ellipse, the parabola, and proceed 
thence to the study of the higher mathematics. 

We may view it through the microscope, and find it a 
little world in itself, filled with animals, occupying 
their place equally with the whales and the fishes in the 
order of animated nature. 

• We may consider it with reference to the laws of 
attraction and repulsion, and of storms; we may 
treat of its thousand chemical relations; its mechani- 
cal properties; its offices in the wonderful mechanism 
of living "bodies ; its effects in watering the earth, so 
that it shall produce food for man and beast; its 
powers in driving mills and machinery 5 its uses in 
the form of steam; its terrors when frozen into the 
iceberg ; its properties when congealed into snow ; and 
its agency in navigation. 

399. Now all this knowledge connected with one lit- 
tle drop of water did not spring at once into existence. 
It came gradually. Step by step, slowly and cautiously, 
the mind progressed from one point to another, until it 
reached its present standing place. And the same course 
has been followed in all other branches of knowledge. 
In agriculture, manufactures, trade, communication; in 
law, government, morals, philosophy, mathematics, 
astronomy, chemistry, music, the mechanic arts, and in 
religion, men are far more advanced in 1872 than they 
were in 1850. They knew more in 1850 than in 1800; 
more then than in 1700, and so on, back to the dark 
ages. But as our present stage of knowledge, if pre- 
dicted five hundred years ago, would have been ridiculed 
as impossible, or attributed to J the agency of the devil, 
such may be our present ignorance as to the direction 
and extent of future attainments. Certainly progress 



316 DUTIES OF THE CITIZEN. [laser™ 4 

was never so rapid as in the nineteenth century, and it 
shows no signs of slacking its speed. After all that has 
been accomplished, may we not say with the aged dis- 
coverer, Sir Isaac Newton: "I feel like a little child 
playing among the pebbles on the sea-shore, while the 
great ocean of knowledge lies unexplored beyond me." 

400. Listen not then to those who decry progress, and 
are continually pointing to the past as to the only source of 
truth. Had such false teachers been always able to de- 
ceive, but little knowledge, no science, no invention, 
would now have ameliorated the human condition. No 
free American would ever have existed ; no political 
liberty would guarantee personal rights. Eeligions 
would still persecute, tyranny would yet enslave the 
masses of mankind. Said Lord Bacon, three hundred 
years ago, "Antiquity deserveth this reverence, that 
men should take a stand thereupon, and discover what 
is the best way, but when the discovery is well taken, 
then to make progression." And Paul said, " This 
one thing I do: forgetting those things which are be- 
hind, and reaching forth unto those things which are 
before, I press toward the mark for the prize of the 
high calling of God."* What -would America be to- 
day, if she had not always breathed the atmos- 
phere of progress? 

401. In your own career, see to it that you exemplify this 
great American idea. You owe to your posterity not only 
all you have received from your ancestors, but also all that 
you may be able to add thereto. 

Every man is debtor to his own trade, profession or 
calling. Every man owes to his Creator an account of 
the use he makes of his natural talents. And he owes 
to his country the development of its natural wealth, 

*Phillipiansiii: 13. 



Lecture 5] LOYALTY. 817 

and the improvement of political, social and moral in- 
fluences, at least within his own immediate circle. If 
each citizen of your generation does his whole duty in 
this direction, the United States fifty years hence will he 
far in advance of what they are to-day. But if each 
man sits down content with what the last genera- 
tion has done for him, the time-honored mental in- 
activity of China will soon replace the energy of a 
free and therefore progressive people. 



LECTURE V. 

LOYALTY. 

402. To what can Americans be loyal ? 

Can we attach ourselves to persons in power, as 
the English and Germans do to their Kings and Em- 
perors? This is impossible; for where the persons of 
the rulers change so frequently as with us, such feeling 
towards any individual can amount to nothing more than 
temporary popularity. The patriotism of an Amer- 
ican has no reference to Presidents or Governors. 

403. Do we love the American nation? But ours is not 
a nation in the strict sense which is necessary in order 
to evoke this feeling. Among our people there are, and 
probably always will be, a large foreign-born population, 
who are commingled with the natives born and with 
each other, but not combined into one race. A New 
Englander cannot feel towards an Irishman, a Negro, or 
a German, as all Irish and Germans feel towards their 
compatriots. We lack the oneness of descent, of 
language, of faith, which binds the old nations 
together. 



318 DUTIES OF TEE CITIZEN. [Lectuke 5 

404. Do we love the land of our birth ? This love is 
naturally limited to the immediate surroundings of our 
early youth. The Vermonter may be attached to his 
own beautiful State for the sake of its scenery, and its 
associations with the home of his boyhood and his rela- 
tives; but he cannot feel the same regard for the distant 
everglades of Florida, the canebrakes of Louisiana, the 
great praries of the West, or the forests of Puget Sound. 
Our country is too vast to claim attachment to the 
soil equally from all its citizens. And partial at- 
tachments of this nature led large numbers during the 
late civil war to limit their patriotism to their re- 
spective States, whereby their idea of loyalty was actu- 
ally the cause of their rebellion. 

405. There remains therefore but one definition of 
loyalty which commends itself equally to all Americans, 
whether of the North, the South, the East or "West. 
Loyalty in the United States is simply intelligent 
attachment to the system of American ideas. These, 
and these only, cause us to differ from other nations and 
peoples. To these we owe our wonderful growth and 
national power. To these only are due the institutions 
which have done more for human happiness than any 
others under the sun. These alone loom up in the con- 
sciousness of every citizen high above all merely local 
interests, temporary issues, and party strifes. In these 
American nationality consists. 

"What these ideas are, we have endeavored to explain. 
You have tested them by the light of reason, traced their 
harmony with each other, learned to recognize them all 
as parts of one great whole, each necessary to all the 
rest, like the several stones in an arch, or parts of a 
machine. You have seen that their central thought is 
the ever prominent " personal liberty of the individ- 



Lectuhek] LOYALTY. 319 

ual;" that to preserve this liberty every one of our 
institutions is essential in its own place, and must be 
protected from enemies of American freedom. You have 
had a glimpse of the duty which will certainly be as- 
signed you in the maintenance of these institutions. 
How much more important a part may be yours than 
that of a mere private citizen, only time and your own 
public-spirited life can determine. But whatever be 
your future position, may you never lose sight of the 
dangers that will befall society if our ideas be bad- 
ly administered, much more if they be changed. In 
principle they cannot be changed, without retrogression 
from our present stage of civilization. In their details 
and applications, the work will be partly yours to realize 
some of the progress which should mark each generation 
of Americans. 

406. Qualify therefore in your mind all the old 
fashioned notions of loyalty, patriotism and love of 
country to which our foreign-born citizens have been 
bred, and which have been elucidated in all the histories 
of European countries. No matter -where a man 
was born, nor -what his station in his own father- 
land ; no matter what his faith, his language, or his 
education ; he becomes a loyal American so soon 
as he understands and LOVES the American system 
of ideas, preferring them to any other. "Without 
this knowledge, he is liable to vote away his liberties; 
without this attachment he may join the ranks of willful 
traitors. With both, he may join in the great chorus, 
and sing with Longfellow : 

" Thou, too, sail on, O -ship of State ! 
Sail on, O Union, strong and great ! 
Humanity with all its fears, 
With all the hopes of future years 



320 DUTIES OF THE CITIZEN. [lectubk 5 

Is hanging breathless on thy fate ! 

"We know what Master laid thy keel, 

What Workmen wrought thy ribs of steel, 

Who made each mast, and sail, and rope t 

What anvils rang, what hammers beat, 

In what a forge, and what a heat, 

Y^ere shaped the anchors of thy hope ! 

Fear not each sudden sound and shock, 

"Tis of the wave, and not the rock ; 

'Tis but the flapping of the sail, 

And not a rent made by the gale ! 

In spite of rock, and tempest's roar, 

In spite of false lights on the shore, 

Sail on, nor fear to breast the sea ! 

Our hearts, our hopes, are all with thee — 

Our hearts, our hopes, our prayers and tears, 

Our faith, triumphant o'er our fears, 

Are all with thee — are all with thee! 



MASSACHUSETTS BILL OF EIGHTS, 1780. 



PREAMBLE. 

The end of the institution, maintenance and adminis- 
tration of government, is to secure the existence of the 
body politic, to protect it, and to furnish the individuals 
who compose it with the power of enjoying, in safety and 
tranquility, their natural rights and the blessings of life; 
and whenever these great objects are not obtained, the 
people have a right to alter the government, and to take 
measures necessary for their safety, prosperity and haio- 
piness. 

The body politic is formed by a voluntary association 
of individuals; it is a social compact, by which the whole 
people covenants with each citizen, and each citizen with 
the whole people, that all shall be governed by certain 
laws for the common good. It is the duty of the people, 
therefore, in framing a Constitution of government, to 
provide for an equitable mode of making laws, as well 
as for an impartial interpretation and a faithful execu- 
tion of them; that every man may, at all times, find his 
security in them. 

We, therefore, the people of Massachusetts, acknowl- 
edging, with grateful hearts, the goodness of the great 
Legislator of the universe, in affording us, in the couise 
of His providence, an opportunity, deliberately and 
peaceably, without fraud, violence or surprise, of enter- 

Note.— The Massachusetts Bill of Rights is here inserted, because it is 
among the most ancient, as well as most exhaustive statement of American 
principles, to be found in any of the American Constitutions. By the use of 
the index to this work, the reader will be able to trace and verify nearly ail the 
principles of the Declaration of Rights in the pages of the Manual. 



322 MASSACHUSETTS BILL OF RIGHTS. 

ing into an original, explicit and solemn compact with 
each other: and of forming a new Constitution of civil 
government for ourselves and posterity; and devoutly 
imploring His direction in so interesting a design, do 
agree upon, ordain and establish the following Declara- 
tion of Bights and Frame of Government, as the Constitu- 
tion of the Commonwealth of Massachusetts. 



PAET THE FIRST. 

A declaration of the eights of the inhabitants of the 

COMMONWEALTH OF MASSACHUSETTS. 

Article I. All men are born free and equal, and have 
certain natural, essential and unalienable rights; among 
which may be reckoned the right of enjoying and de- 
fending their lives and liberties; that of acquiring, 
possessing and protecting property; in fine, that of seek- 
ing and obtaining their safety and happiness. 

Art. II. It is the right as well as the duty of all men 
in society, publicly, and at stated seasons, to worship 
the Supreme Being, the great Creator and Preserver of 
the universe. And no subject shall be hurt, molested 
or restrained, in his person, liberty or estate, for wor- 
shiping God in the manner and season most agreeable 
to the dictates of his own conscience; or for his religious 
profession or sentiments: Provided, he doth not disturb 
the public peace, or obstruct others in their religious 
worship. 

" As the public worship of God, and instructions in 
piety, religion and morality, promote the happiness and 
prosperity of a people, and the security of a republican 



MASSACHUSETTS BILL OF EIGHTS. 323 

government; therefore the several religious societies of 
this Commonwealth, whether corporate or unincorporate, 
at any meeting legally warned and holden for that pur- 
pose, shall ever have the right to elect their pastors or 
religious teachers, to contract with them for their sup- 
port, to raise money for erecting and repairing houses 
for public worship, for the maintenance of religious in- 
struction, and for the payment of necessary expenses; 
and all persons belonging to any religious society shall 
be taken and held to be members, until they shall file 
with the clerk of such society a written notice declaring 
the dissolution of their membership, and thenceforth 
shall not be liable for any grant or contract which may 
be thereafter made or entered into by such society; and 
all religious sects and denominations, demeaning them- 
selves peaceably, and as good citizens of the Common- 
wealth, shall be equally under the protection of the law; 
and no subordination of any one sect or denomination 
to another shall ever be established by law."* 

Art. IV. The people of this Commonwealth have the 
sole and exclusive right of governing themselves as a free, 
sovereign and independent State; and do, and forever 
hereafter shall, exercise and enjoy every power, jurisdic- 
tion and right, which is not, or may not hereafter, be by 
them expressly delegated to the United States of 
America, in Congress assembled. 

Art. V. All power residing originally in the people, 
and being derived from them, the several magistrates and 
officers of government, vested with authority, whether 
legislative, executive or judicial, are their substitutes 
and agents, and are at all times accountable to them. 

Art. VI. No man, nor corporation or association of 
men, have any other title to obtain advantages, or 

* Amendment ratified 1833. 



324 MASSACHUSETTS BILL OF RIGHTS. 

particular and exclusive privileges, distinct from those 
of the community, than what rises from the consideration 
of services rendered to the public; and this title being 
in nature neither hereditary, nor transmissible to children 
or descendants, or relations by blood, the idea of a man 
born a magistrate, law-giver or judge, is absurd and un- 
natural. 

Art. VII. Government is instituted for the common 
good; for the protection, safety, prosperity and happiness 
of the people; and not for the profit, honor or private 
interest of any one man, family, or class of men; there- 
fore the people alone have an incontestable, unalienable 
and indefeasible right to institute government; and to 
reform, alter or totally change the same, when their pro- 
tection, safety, prosperity and happiness require it. 

Art. VIII. In order to prevent those who are vested 
■with authority from becoming oppressors, the people 
have a right, at such periods and in such manner as they 
shall establish by their frame of government, to cause 
their public officers to return to private life; and to fill 
up vacant places by certain and regular elections and 
appointments. 

Art. IX. All elections ought to be free; and all the 
inhabitants of this Commonwealth, having such qualifi- 
cations as they shall establish by their frame of 
government, have an equal right to elect officers, and to 
be elected, for public employments. 

Art. X. Each individual of the society has a right to 
be protected by it in the enjoyment of his life, liberty 
and property, according to standing laws. He is obliged, 
consequently, to contribute his share to the expense of 
this protection; to give his personal service, or an 
equivalent, when necessary; but no part of the property 
of any individual can, with justice, be taken from him, 



MASSACHUSETTS BILL OF EIGHTS. 325 

or applied to public uses, without his own consent, or 
that of the representative body of the people. In fine, 
the people of this Commonwealth are not controllable 
by any other laws than those to which their constitutional 
representative body have given their consent. And 
whenever the public exigencies require that the property 
of any individual should be appropriated to public uses, 
he shall receive a reasonable compensation therefor. 

Art. XI. Every subject of the Commonwealth ought 
to find a certain remedy, by having recourse to the laws, 
for all injuries or wrongs which he may receive in his 
person, property or character. He ought to obtain right 
and justice freely, and without being obliged to purchase 
it; completely, and without any denial; promptly, and 
without delay, conformably to the laws. 

Art. XII. No subject shall be held to answer for any 
crimes or offense until the same is fully and plainly, sub- 
stantially and formally, described to him; or be com- 
pelled to accuse, or furnish evidence against himself; 
and every subject shall have a right to produce all proofs 
that may be favorable to him; to meet the witnesses 
against him face to face, and to be fully heard in his 
defense, by himself, or his counsel, at his election. And 
no subject shall be arrested, imprisoned, despoiled or 
deprived of his property, immunities or privileges, put 
out of the protection of the law, exiled or deprived of 
his life, liberty or estate, but by the judgment of his 
peers, or the law of the land. 

And the Legislature shall not make any law that shall 
subject any person to a capital or infamous punishment, 
excepting for the government of the army and navy, 
without trial by jury. 

Art. XIII. In criminal prosecutions, the verification 
of facts, in the vicinity where they happen, is one of the 



326 MASSACHUSETTS BILL OF BIGHTS. 

greatest securities of the life, liberty and property~of 
the citizen. 

Art. XIV. Every subject has a right to be secure 
from all unreasonable searches and seizures of his per- 
son, his houses, his papers, and all his possessions. All 
warrants, therefore, are contrary to this right, if the 
cause or foundation of them be not previously supported 
by oath or affirmation; and if the order in the warrant 
to a civil officer, to make search in suspected places, or 
to arrest one or more suspected persons, or to seize their 
property, be not accompanied with a special designation 
of the persons or objects of search, arrest or seizure; 
and no warrant ought to be issued but in cases, and with 
the formalities prescribed by the laws. 

Art. XV. In all controversies concerning property, 
and in all suits between two or more persons, except in 
cases in which it has heretofore been other ways used 
and practiced, the parties have a right to a trial by jury; 
and this method of procedure shall be held sacred, un- 
less, in causes arising on the high seas, and such as relate 
to mariner's wages, the Legislature shall hereafter find 
it necessary to alter it. 

Art. XVI. The liberty of the press is essential to the 
security of freedom in a State; it ought not, therefore, 
to be restrained in this Commonwealth. 

Art. XVII. The people have a right to keep and to 
bear arms for the common defense. And as, in time of 
peace, armies are dangerous to liberty, they ought not 
to be maintained without the consent of the Legislature; 
and the military power shall always be held in exact 
subordination to the civil authority, and be governed 
by it. 

Art. XVIII. A frequent recurrence to the fundamental 
principles of the Constitution, and a constant adherence 



MASSACHUSETTS BILL OF BIGHTS. 327 

to those of piety, justice, moderation, temperance, in- 
dustry and frugality, are absolutely necessary to 
preserve the advantages of liberty, and to maintain a 
free government. The people ought, consequently, to 
have a particular attention to all those principles, in the 
choice of their officers and Kepresentatives; and they 
have a right to require of their lawgivers and magistrates, 
an exact and constant observance of them, in the forma- 
tion and execution of the laws necessary for the good 
administration of the Commonwealth. 

Art. XIX. The people have a right, in an orderly and 
peaceable manner, to assemble to consult upon the 
common good; give instructions to their Representatives, 
and to request of the legislative body, by the way of 
addresses, petitions or remonstrances, redress of the 
wrongs done them, and of the grievances they suffer. 

Art. XX. The power of suspending i?he laws, or the 
execution of the laws, ought never to be exercised but 
by the Legislature, or by authority derived from it, to 
be exercised in such particular cases only as the Legis- 
lature shall expressly provide for. 

Art. XXI. The freedom of deliberation, speech and 
debate, in either House of the Legislature, is so essential 
to the rights of the people, that ifc cannot be the founda- 
tion of any accusation or prosecution, action or complaint, 
in any other Court or place whatsoever. 

Art. XXII. The Legislature ought frequently to as- 
semble for the redress of grievances, for correcting, 
strengthening and confirming the laws, and for making 
new laws, as the common good may require. 

Art. XXXIII. No subsidy, charge, tax, impost 01 
duties, ought to be established, fixed, laid or levied, 
under any pretext whatsoever, without the consent oi 
the people, or their Representatives in the Legislature. 



328 MASSACHUSETTS BILL OF BIGHTS. 

Art. XXIV. Laws made to punish actions done before 
the existence of such laws, and which have not been 
declared crimes by preceding laws, are unjust, oppressive 
and inconsistent with the fundamental principles of a 
free government. 

Art. XXV. No subject ought, in any case, or in any 
time, to be declared guilty of treason or felony by the 
Legislature. 

Art. XXVI. No Magistrate or Court of law shall de- 
mand excessive bail or sureties, impose excessive fines, 
or inflict cruel or unusual punishments. 

Art. XXVII. In time of peace, no soldier ought to be 
quartered in any house without the consent of the owner; 
and in time of war, such quarters ought not to be made 
but by the civil magistrate, in a manner ordained by the 
Legislature. 

Art. XXVIII. No person can in any case be subjected 
to law-martial, or to any penalties or pains, by virtue of 
that law, except those employed in the army or navy, 
and except the militia in actual service, but by authority 
of the Legislature. 

Art. XXIX. It is essential to the preservation of the 
rights of every individual, his life, liberty, property and 
character, that there be an impartial interpretation of 
the laws and administration of justice. It is the right 
of every citizen to be tried by judges as free, impartial 
and independent as the lot of humanity will admit. It 
is therefore not only the best policy, but for the se- 
curity of the rights of the people, and of every citizen, 
that the Judges of the Supreme Judicial Court should 
hold their offices as long as they behave themselves well, 
and that they should have honorable salaries ascertained 
and established by standing laws. 



MASSACHUSETTS BILL OF BIGHTS. 329 

Art. XXX. In the government of this Commonwealth, 
the legislative department shall never exercise the exe- 
cutive or judicial powers, or either of them; the executive 
shall never exercise the legislative and judicial powers, 
or either of them; the judicial shall never exercise the 
legislative and executive powers, or either of them; to 
the end it may be a government of laws, and not of 
men. 



CONSTITUTION. 



OF THE 



UNITED STATES OF AMERICA. 



We, the People of the United States, in order to form 
a more perfect union, establish justice, insure domestic 
tranquillity, provide for the common defense, promote 
the general welfare, and secure the blessings of liberty 
to ourselves and our posterity, do ordain and establish 
this Constitution for the United States of America. 

AKTICLE I. 
Section 1. 
1. All Legislative powers herein granted shall be 
vested in a Congress of the United States, which shall 
consist of a Senate and House of Representatives. 

Section 2. 

1. The House of Representatives shall be composed 
of members chosen every second year by the people of 
the several States, and the electors in each State shall 
have the qualifications requisite for electors of the most 
numerous branch of the State Legislature. 

2. No person shall be a Representative who shall not 



332 FEDERAL CONSTITUTION. 

have attained to the age of twenty-five years, and been 
seven years a citizen of the United States, and who shall 
not, when elected, be an inhabitant of that State in 
which he shall be chosen. 

3. Eepresentatives and direct taxes shall be appor- 
tioned among the several States which may be included 
within this Union, according to their respective numbers, 
which shall be determined by adding to the whole num- 
ber of free persons, including those bound to service 
for a term of years, and excluding Indians not taxed, 
three fifths of all other persons. The actual enumera- 
tion shall be made within three years after the first 
meeting of the Congress of the United States, and 
within every subsequent term of ten years, in such man- 
ner as they shall by law direct. The number of Repre- 
sentatives shall not exceed one for every thirty thousand, 
but each State shall have at least one Representative; 
and until such enumeration shall be made, the State of 
New Hampshire shall be entitled to choose three, Massa- 
chusetts eight, Rhode Island and Providence Plantations 
one, Connecticut five, New York six, New Jersey four, 
Pennsylvania eight, Delaware one, Maryland six, 
Virginia ten, North Carolina five, South Carolina five, 
and Georgia three. 

4. "When vacancies happen in the representation from 
any State, the executive authority thereof shall issue 
writs of election to fill such vacancies. 

5. The House of Representatives shall choose their 
Speaker and other officers; and shall have the sole 
power of impeachment. 

Section 3. 
1. The Senate of the United States shall be composed 
of two Senators from each State, chosen by the Legisla- 



FEDERAL CONSTITUTION. 333 

ture thereof, for six years; and each Senator- shall have 
one vote. 

2. Immediately after they shall be assembled in con- 
sequence of the first election, they shall be divided, as 
equally as may be, into three classes. The seats of 
the Senators of the first class shall be vacated at the 
expiration of the second year; of the second class, at the 
expiration of the fourth year; and of the third class, at 
expiration of the sixth year; so that one third may be 
chosen every second year; and if vacancies happen by 
resignation, or otherwise, during the recess of the Legisla- 
ture of any State, the Executive thereof may make tem- 
porary appointments until the next meeting of the 
Legislature, which shall then fill such vacancies. 

3. No person shall be a Senator who shall not have 
attained to the age of thirty years, and been nine years 
a citizen of the United States, and who shall not, when 
elected, be an inhabitant of that State for which he shall 
be chosen. 

4. The Vice-President of the United States shall be 
President of the Senate, but shall have no vote, unless 
they be equally divided. 

5. The Senate shall choose their other officers, and 
also a President pro tempore, in the absence of the Vice- 
President, or when he shall exercise the office of Presi- 
dent of the United States. 

6. The Senate shall have the sole power to try all im- 
peachments. "When sitting for that purpose, they shall 
be on oath or affirmation. When the President of the 
United States is tried, the Chief Justice shall preside; 
and no person shall be convicted without the concur- 
rence of two thirds of the members present. 

7. Judgment in cases of impeachment shall not extend 
further than to removal from office, and disqualification 



381: FEBEBAL CONSTITUTION. 

to hold and enjoy any office of honor, trust, or profit, 
under the United States; but the party convicted shall, 
nevertheless, be liable and subject to indictment, trial, 
judgment, and Dunishment, according to law. 

Section 4. 

1. The times, places, and manner of holding elections 
for Senators and Representatives, shall be prescribed in 
each State by the Legislature thereof; but the Congress 
may at any time, by law, make or alter such regulations, 
except as to the places of choosing Senators. 

2. The Congress shall assemble at least once in every 
year, and such meeting shall be on the first Monday in 
December, unless they shall by law appoint a different 
day. 

Section 5. 

1. Each House shall be the judge of the elections, re- 
turns, and qualifications of its own members, and a 
majority of each shall constitute a quorum to do busi- 
ness; but a smaller number may adjourn from day to 
day, and may be authorized to compel the attendance 
of absent members, in such manner, and under such 
penalties, as each House may provide. 

2. Each House may determine the rules of its pro- 
ceedings, punish its members for disorderly behavior, 
and, with the concurrence of two thirds, expel a mem- 
ber. 

3. Each House shall keep a journal of its proceedings, 
and from time to time publish the same, excepting 
such parts as may in their judgment require secrecy; 
and the yeas and nays of the members of either House, 
on any question, shall, at the desire of one fifth of those 
present, be entered on the journal. 



FEDERAL CONSTITUTION. 335 

4. Neither House, during the session of Congress, 
shall, without the consent of the other, adjourn for 
more than three days, nor to any other place than that 
in which the two Houses shall be sitting. 

Section 6. 

1. The Senators and Representatives shall receive a 
compensation for their services, to be ascertained by 
law, and paid out of the Treasury of the United States. 
They shall, in all cases, except treason, felony, and 
breach of the peace, be privileged from arrest during 
their attendance at the session of their respective 
Houses, and in going to, and returning from, the same; 
and for any speech or debate in either House, they shall 
not be questioned in any other place. 

2. No Senator or Representative shall, during the 
time for which he was elected, be appointed to any civil 
office under the authority of the United States which 
shall have been created, or the emoluments whereof 
shall have been increased, during such time; and no 
person, holding any office under the United States, shall 
be a member of either House during his continuance in 
office. 

Section 7. 

1. All bills for raising revenue shall originate in the 
House of Representatives; but the Senate may propose 
or concur with amendments, as on other bills. 

2. Every bill, which shall have passed the House of 
Representatives and the Senate, shall, before it become 
a law, be presented to the President of the United 
States; if he approve, he shall sign it, but if not, he 
shall return it, with his objections, to that House in 
which it shall have originated, who shall enter the ob- 
jections at large on their journal, and proceed to recon- 



33fi FEDERAL CONSTITUTION. 

sider it. If, after sucli reconsideration, two thirds of 
that House shall agree to pass the bill, it shall be sent, 
together with the objections, to the other House, by 
which it shall likewise be reconsidered, and if approved 
by two thirds of that House, it shall become a law. , 
But in all such cases the votes of both Houses shall be 
determined by yeas and nays, and the names of the per- 
sons voting for and against the bill shall be entered on 
the journal of each House, respectively. If any bill 
shall not be returned by the President within ten days 
(Sundays excepted) after it shall have been presented to 
him, the same shall be a law in like manner as if he had 
signed it, unless the Congress by their adjournment 
prevent its return, in which case it shall not be a law. 

3. Every order, resolution, or vote, to which the con- 
currence of the Senate and House of Representatives 
may be necessary (except on a question of adjournment), 
shall be presented to the President of the United States; 
and before the same shall take effect, shall be approved 
by him, or, being disapproved by him, shall be re-passed 
by two thirds of the Senate and House of Representa- 
tives, according to the rules and limitations prescribed 
in the case of a bill. 

Section 8. 

The Congress shall have power, 

1. To lay and collect taxes, duties, imposts, and ex- 
cises, to pay the debts, and provide for the common 
defense and general welfare of the United States; 
but all duties, imposts, and excises, shall be uniform 
throughout the United States, 

2. To borrow money on the -credit of the United 
States. 

3. To regulate commerce with foreign nations, and 
among the several States, and with the Indian tribes. 



FEDERAL CONSTITUTION. 337 

4. To establish a uniform rule of naturalization, and 
uniform laws on the subject of bankruptcies, throughout 
the United States. 

5. To coin money, regulate the value thereof, and of 
foreign coin, and fix the standard of weights and meas- 
ures. 

6. To provide for the punishment of counterfeiting 
the securities and current coin of the United States- 

7. To establish post-offices and post-roads. 

8. To promote the progress of science and useful arts, 
by securing, for limited times, to authors and inventors 
the exclusive right to their respective writings and dis- 
coveries. 

9. To constitute tribunals inferior to the Supreme 
Court. 

10. To define and punish piracies and felonies com- 
mitted on the high seas, and offenses against the law of 
nations. 

11. To declare war, grant letters of marque and re- 
prisal, and make rules concerning captures on land and 
water. 

12. To raise and support armies; but no appropriation 
of money to that use shall be for a longer term than two 
years. 

13. To provide and maintain a navy. 

14. To make rules for the government and regulations 
of the land and naval forces. 

15. To provide for calling forth the militia to execute 
the laws of the Union, suppress insurrections, and repel 
invasions. 

16. To provide for organizing, arming and disciplining 
the militia, and for governing such part of them as may 
be employed in the service of the United States, reserv- 
ing to the States, respectively, the appointment of the 

20 



338 FEDERAL CONSTITUTION. 

officers, and the authority of training the militia, accord- 
ing to the discipline prescribed by Congress. 

17. To exercise exclusive legislation in all cases what- 
soever, over such district (not exceeding ten miles 
square) as may, by cession of particular States, and the 
acceptance of Congress, become the seat of the Govern- 
ment of the United States, and to exercise like authority 
over all places, purchased by the consent of the legisla- 
ture of the State in which the same shall be, for the 
erection of forts, magazines, arsenals, dock-yards, and 
other needful buildings. And, 

18. To make all laws which shall be necessary and 
proper for carrying into execution the foregoing powers, 
and all other powers vested by this Constitution in the 
Government of the United States, or in any department 
or officer thereof. 

Section 9. 

1. The migration or importation of such persons as 
any of the States now existing shall think proper to ad- 
mit, shall not be prohibited by the Congress prior to 
the year one thousand eight hundred and eight; but a 
tax or duty may be imposed on such importations, not 
exceeding ten dollars for each person. 

2. The privilege of the writ of habeas corpus shall not 
be suspended, unless when, in cases of rebellion or in- 
vasion, the public safety may require it. 

3. No bill of attainder or ex post facto law shall be 
passed. 

4. No capitation or other direct tax shall be laid, un- 
less in proportion to the census or enumeration, herein 
before directed to be taken. 

5. No tax or duty shall be laid on articles exported 
from any State. No preference shall be given by any 



FEDERAL CONSTITUTION. 339 

regulation of commerce or revenue to the ports of one 
State over those of another; nor shall vessels bound to 
or from one State be obliged to enter, clear or pay 
duties in another. 

6. No money shall be drawn from the treasury but in 
consequence of appropriations made by law; and a regu- 
lar statement and account of the receipts and expendi- 
tures of all public money shall be published from time 
to time. 

7. No title of nobility shall be granted by the United 
States; and no person holding any office of profit or 
trust under them, shall, without the consent of the Con- 
gress, accept of any present, emolument, office, or title, 
of any kind whatever, from any king, prince or foreign 
State. 

Section 10. 

1. No State shall enter into any treaty, alliance, or 
confederation; grant letters of marque and reprisal; coin 
money; emit bills of credit; make anything but gold and 
silver coin a tender in payment of debts; pass any bill 
of attainder, ex post facto law, or law impairing the obli- 
gation of contracts, or grant any title of nobility. 

2. No State shall, without the consent of the Con- 
gress, lay any imposts or duties on imports or ex- 
ports, except what may be absolutely necessary for exe- 
cuting its inspection laws; and the net produce of all 
duties and imposts, laid by any State on imports or 
exports, shall be for the use of the treasury of the United 
States; and all such laws shall be subject to the revision 
and control of the Congress. No State shall, without 
the consent of Congress, lay any duty of tonnage, keep 
troops or ships of war in time of peace, enter into any 
agreement or compact w*th another State, or with a 



340 FEDERAL CONSTITUTION. 

foreign power, or engage in war unless actually 
invaded, or in such imminent danger as will not admit 
of delay r 

AETICLE II. 

Section 1. 

1. The Executive power shall be vested in a President 
of the United States of America. He shall hold his 
office during the term of four years, and, together with 
the Vice-President, chosen for the same term, be elected 
as follows : 

2. Each State shall appoint, in such manner as the 
Legislature thereof may direct, a number of Electors 
equal to the whole number of Senators and Representa- 
tives to which the State may be entitled in the Con- 
gress; but no Senator or Representative, or person 
holding an office of trust or profit uncler the United 
States, shall be appointed an Elector. 

3. The Electors shall meet in their respective States, 
and vote by ballot for two persons, of whom one at 
least shall not be an inhabitant of the same State with 
themselves. And they shall make a list of all the per- 
sons voted for, and of the number of votes for each, 
which list they shall sign and certify, and transmit, 
sealed, to the seat of the Government of the United 
States, directed to the President of the Senate. The 
President of the Senate shall, in the presence of the 
Senate and House of Representatives, open all the cer- 
tificates, and the votes shall then be counted. The per- 
son having the greatest number of votes shall be the 
President, if such number be a majority of the whole 
number of Electors appointed; and if there be more 
than one who have such majority, and have an equal 



FEDERAL CONSTITUTION. 341 

number of votes, then the House of Representatives 
shall immediately choose, by ballot, one of them for 
President; and if no person have a majority, then, from 
the five highest on the list, the said House shall, in like 
manner, choose the President. But in choosing the 
President the votes shall be taken by States, the repre- 
sentation from each State having one vote. A quorum 
for this purpose shall consist of a member or members 
from two thirds of -the States, and a majority of all the 
States shall be necessary to a choice. In every case, 
after the choice of the President, the person having the 
greatest number of votes of the Electors shall be the 
Vice-President. But if there should remain two or 
more who have equal votes, the Senate shall choose 
from them, by ballot, the Vice-President. 

4. The Congress may determine the time of choosing 
the Electors, and the day on which they shall give their 
votes; which day shall be the same throughout the 
United States. 

5. No person, except a natural-born citizen, or a citizen 
of the United States at the time of the adoption of this Con- 
stitution, shall be eligible to the office of President; nei- 
ther shall any person be eligible to that office who shall 
not have attained to the age of thirty-five years, and been 
fourteen years a resident within the United States. 

6. In case of the removal of the President from office, 
or of his death, resignation, or inability to discharge the 
powers and duties of the said office, the same shall de- 
volve on the Vice-President, and the Congress may by 
law provide for the case of removal, death, resignation, 
or inability, both of the President and Vice-President, 
declaring what officer shall then act as President, and 
such officer shall act accordingly, until the disability be 
removed, or a President shall be elected. 



342 FEDERAL CONSTITUTION. 

7. The President shall, at stated times, receive for his 
services a compensation, which shall neither be increased 
nor diminished during the period for which he shall 
have been elected; and he shall not receive within that 
period any other emolument from the United States, or 
any of them. 

8. Before he enter on the execution of his office, he 
shall take the following oath or affirmation: 

9. " I dp solemnly swear (or affirm) that I will faith- 
fully execute the office of President of the United States, 
and will, to the best of my ability, preserve, protect, 
and defend the Constitution of the United States." 

Section 2. 

1. The President shall be commander-in-chief of the 
army and navy of the United States, and of the militia 
of the several States, when called into the actual service 
of the United States; he may require the opinion, in 
writing, of the principal officer in each of the executive 
departments, upon any subject relating to the duties of 
their respective offices, and he shall have power to grant 
reprieves and pardons for offenses against the United 
States, except in cases of impeachment. 

2. He shall have power, by and with the advice and 
consent of the Senate, to make treaties, provided two 
thirds of the Senators present concur; and he shall 
nominate, and by and with the advice and consent of 
the Senate, shall appoint Ambassadors, other public 
Ministers, and Consuls, Judges of the Supreme Court, 
and all other officers of the United States, whose ap- 
pointments are not herein otherwise provided for, and 
which shall be established by law; but the Congress 
may by law vest the appointment of such inferior om- 



FEDERAL CONSTITUTION. 313 

cers, as they think proper, in the President alone, in the 
courts of law, or in the heads of departments. 

3. The President shall have power to fill all vacan- 
cies that may happen, during the recess of the Senate, 
by granting commissions, which shall expire at the end 
of their next session. 

Section 3. 
1. He shall from time to time give to the Congress 
information of the state of the Union, and recommend 
to their consideration such measures as he shall judge 
necessary and expedient; he may, on extraordinary occa- 
sions, convene both Houses, or either of them, and in 
case of disagreement between them, with respect to the 
time of "adjournment, he may adjourn them to such time 
as he shall think proper: he shall receive ambassadors 
and other public ministers : he shall take care that the 
laws be faithfully executed, and shall commission £& the 
officers of the United States. 

Section 4. 
1. The President, Vice-President, and all civil officers 
of the United States, shall be removed from office on 
impeachment for and conviction of treason, bribery, or 
other high crimes and misdemeanors. 

AETICLE III. 
Section 1. 

1. The judicial power of the United States shall be 
vested in one Supreme Court, and in such inferior courts 
as the Congress may, from time to time, ordain and es- 
tablish. The Judges, both of the Supreme and inferior 
courts, shall hold their offices during good behavior, and 



344 FEDERAL CONSTITUTION. 

shall, at stated times, receive for their services a com- 
pensation, which shall not be diminished during their 
continuance in office. 

Section 2. 

1. The judicial power shall extend to all cases, in law 
and equity, arising under this Constitution, the Laws of 
the United States, and treaties made, or which shall 
be made, under their authority; to all cases affecting 
Ambassadors, other Public Ministers and Consuls; to 
all cases of admiralty and maritime jurisdiction; to 
controversies to which the United States shall be a party; 
to controversies between two or more States; between a 
State and citizens of another State; between citizens of 
differenb States; between citizens of. the same State 
claiming lands under grants of different States; and 
between a State, or the citizens thereof, and foreign 
States, citizens or subjects. 

2. In all cases affecting Ambassadors, other Public 
Ministers, and Consuls, and those in which a State shall 
be a party, the Supreme Court shall have original juris- 
diction. In all the other cases before mentioned, the 
Supreme Court shall have appellate jurisdiction, both 
as to law and fact, with such exceptions, and under such 
regulations, as the Congress shall mate. 

3. The trial of all crimes, except in cases of impeach- 
ment, shall be by jury ; and such trial shall be held in 
the State where the said crimes shall have been com- 
mitted ; but when not committed within any State, the 
trial shall be at such place, or places, as the Congress 
may by law have directed. 

Section 3. 
1. Treason against the United States shall consist 
only in levying war against them, or in adhering to their 



FEDERAL CONSTITUTION. 345 

enemies, giving them aid and comfort. No person shall 
be convicted of treason, unless on the testimony of two 
witnesses to the same overt act, or on confession in open 
court. 

2. The Congress shall have power to decfere the pun- 
ishment of treason, but no attainder of treason shall 
work corruption of blood, or forfeiture, except during 
the life of the person attained. 

ARTICLE IV. 
Section 1. 
1. Full faith and credit shall be given in each State 
to the public acts, records and judicial proceedings of 
every other State. And the Congress may, by general 
laws, prescribe the manner in which such acts, records 
and proceedings shall be proved, and the effect thereof. 

Section 2. 

1. The citizens of each State shall be entitled to all 
privileges and immunities of citizens in the several 
States. 

2. A person charged in any State with treason, felony 
or other crime, who shall flee from justice, and be found 
in another State, shall, on demand of the executive au- 
thority of the State from which he fled, be delivered up, 
to be removed to the State having jurisdiction of the 
crime. 

3. No person held to service or labor in one State, 
under the laws thereof, escaping into another, shall, in 
consequence of any law or regulation therein, be dis- 
charged from such service or labor, but shall be deliv- 
ered up on claim of the party to whom such service oi 
labor may be due. 



346 FEDERAL CONSTITUTION. 

Section 3. 

1. New States may be admitted by the Congress into 
this Union; but no new State shall be formed or erected 
within the jurisdiction of any other State; nor any 
State be formed by the junction of two or more States, 
or parts of States, without the consent of the Legislatures 
of the States concerned, as well as of the Congress. 

2. The Congress shall have power to dispose of and 
make all needful rules and regulations respecting the 
territory, or other property, belonging to the United 
States; and nothing in this Constitution shall be so con- 
strued as to prejudice any claims of the United States, 
or of any particular State. 

Section 4. 
1. The United States shall guarantee to every State in 
this Union a republican form of government, and shall 
protect each of them against invasion; and on applica- 
tion of the Legislature, or of the Executive (when the 
Legislature cannot be convened), against domestic vio- 
lence. 

ARTICLE V. 

1. The Congress, whenever two thirds of both Houses 
shall deem it necessary, shall propose amendments to 
this Constitution, or, on the application of the Legisla- 
tures of two thirds of the several States, shall call a con- 
vention for proposing amendments, which, in either case, 
shall be valid to all intents and purposes, as part of this 
Constitution, when ratified by the Legislatures of three 
fourths of the several States, or by conventions in three 
fourths thereof, as the one or the other mode of ratifica- 
tion maybe proposed by the Congress: Provided, that 



FEDERAL CONSTITUTION. 347 

no amendment, which may be made prior to the year 
one thousand eight hundred and eight shall in any 
manner affect the first and fourth clauses in the ninth 
section of the first article; and that no State, without 
its consent, shall be deprived of its equal suffrage in the 
Senate. 

AETICLE VI. 

1. All debts contracted and engagements entered 
into,. before the adoption of this Constitution, shall be as 
valid against the United States, under this Constitution, 
as under the Confederation. 

2. This Constitution, and the laws of the United 
States which shall be made in pursuance thereof, and all 
treaties made, or which shall be made, under the au- 
thority of the United States, shall be the supreme law of 
the land; and the judges in every State shall be bound 
thereby, anything in the Constitution ♦or laws of any 
State to the contrary notwithstanding. 

3. The Senators and Eepresentatives before men- 
tioned, and the members of the several State Legislatures, 
and all executive and judicial officers, both of the United 
States and of the several States, shall be bound, by oath 
or affirmation, to support this Constitution; but no 
religious test shall ever be required as a qualification to 
any office or public trust under the United States. 

AETICLE VII. 

1. The ratification of the conventions of nine States 
shall be sufficient for the establishment of this Constitu- 
tion between the States so ratifying the same. 



348 FEDERAL CONSTITUTION. 



AMENDMENTS TO THE CONSTITUTION. 

AMENDMENT I. 

Congress shall make no law respecting an establish- 
ment of religion, or prohibiting the free exercise thereof; 
or abridging the freedom of speech, or of the press; or 
the right of the people peaceably to assemble, and to 
petition the Government for a redress of grievances. 

AMENDMENT H. 

A well regulated militia being necessary to the security 
of a free State, the right of the people to keep and bear 
arms shall not be infringed. 

AMENDMENT HI. 

No soldier shall, in time of peace, be quartered in any 
house, without the consent of the owner; nor in time of 
war but in a manner to be prescribed by law. 

AMENDMENT IV. 

The right of the people to be secure in their persons, 
houses, papers, and effects, against unreasonable 
searches and seizures, shall not be violated; and no war- 
rants shall issue, but upon probable cause ? supported by 
oath or affirmation, and particularly describing the place 
to be- searched, and the persons or things to be seized, 

AMENDMENT V. 

No person shall be held to answer for a capital, or 
otherwise infamous crime, unless on a presentment or 
indictment of a grand jury, except in cases arising in the 
land or naval forces, or in the militia, when in actual 
service in time of war or public danger; nor shall any 
person be subject for the same offense to be twice put 
in jeopardy of life or limb; nor shall be compelled, in 



FEDERAL CONSTITUTION. 349 

any criminal case to be a witness against himself; nor 
be deprived of life, liberty or property, without due 
process of law; nor shall private property be taken for 
public use, without just compensation. 

AMENDMENT VI. 

In all criminal prosecutions, the accused shall enjoy 
the right to a speedy and public trial, by an impartial 
jury of the State and district wherein the crime shall 
have been committed, which district shall have been pre- 
viously ascertained by law; and to be informed of the 
nature and cause of the accusation; to be confronted 
with the witnesses against him; to have compulsory pro- 
cess for obtaining witnesses in his favor; and to have the 
assistance of counsel for his defense. 

AMENDMENT YE. 

In suits at common law, where the value in controversy 
shall exceed twenty dollars, the right of trial by jury 
shall be preserved; and no fact, tried by a jury, shall be 
otherwise re-examined in any court of the United States, 
than according to the rules of the common law. 

AMENDMENT Vm. 

Excessive bail shall not be required, nor excessive 
fines imposed, nor cruel and unusual punishments in- 
flicted. 

AMENDMENT IX. 

The enumeration in the Constitution of certain rights 
shall not be construed to deny or disparage others re- 
tained by the people. 

AMENDMENT X. 

The powers not delegated to the United States by the 
Constitution, nor prohibited by it to the States, are re- 
served to the States respectively, or to the people. 



350 FEDERAL CONSTITUTION. 

AMENDMENT XI. 

The judicial power of the United States shall not be 
construed to extend to any suit in law or equity, 
commenced or prosecuted against one of the United 
States by citizens of another State, or by citizens or sub- 
jects of any foreign State. 

AMENDMENT XII. 

1. The Electors shall meet in their respective States, 
and vote by ballot for President and Vice-President, one 
of whom, at least, shall not be an inhabitant of the same 
State with themselves; they shall name in their ballots 
the person voted for as President, and in distinct ballots 
the person voted for as Vice-President; and they shall 
make distinct lists of all persons voted for as President, 
and of all persons voted for as Vice-President, and of 
the number of votes for each, which lists they shall sign, 
and certify, and transmit, sealed, to the seat of the Gov- 
ernment of the United States, directed to the President 
of the Senate; the President of the Senate shall, in the 
presence of the Senate and House of Representatives, 
open all the certificates, and the votes shall then be 
counted; the person having the greatest number of votes 
for President, shall be the President, if such number be 
a majority of the whole number of electors appointed; 
and if no person have such majority, then from the per- 
sons having the highest numbers, not exceeding three, 
on the list of those voted for as President, the House of 
Representatives shall choose immediately, by ballot, the 
President. But in choosing tjie President, the votes 
shall be taken by States, the representation from each 
State having one vote; a quorum for this purpose shall 
consist of a member or members from two thirds of the 
States, and a majority of all the States shall be neces- 



FEDERAL CONSTITUTION. 851 

sary to a -choice. And if the House of Eepresentatives 
shall not choose a President, whenever the right of 
choice shall devolve upon them, before the fourth day 
of March next following, then the Vice-President shall 
act as President, as in case of the death, or other con- 
stitutional disability, of the President. 

2. The person having the greatest number of votes as 
Vice-President shall be the Vice-President, if such num- 
ber be a majority of the whole number of electors 
appointed; and if no person have a majority, then from 
the two highest numbers on the list, the Senate shall 
choose the Vice-President; a quorum for the purpose 
shall consist of two thirds of the whole number of Sena- 
tors; a majority of the whole number, shall be necessary 
to a choice. 

3. But no person constitutionally ineligible to the 
office of President, shall be eligible to that of Vice-Presi- 
dent of the United States. 

AMENDMENT Xm. 

1. Neither slavery nor involuntary servitude, except 
as a punishment for crime, whereof the party shall have 
been duly convicted, shall exist in the United States, or 
any place subject to their jurisdiction. 

2. Congress shall have power to enforce this Article 
by appropriate legislation. 

AMENDMENT XTV. 

1. All persons born or naturalized in the United 
States, and subject to the jurisdiction thereof, are citi- 
zens of the United States and of the State wherein they 
reside. No State shall make or enforce any law which 
shall abridge the privileges or immunities of citizens of the 
United States, nor shall any State deprive any person of 



352 FEDERAL CONSTITUTION. 

life, liberty, or property, without due process of law, 
nor deny to any person within its jurisdiction the equal 
protection of the laws. 

2. Representatives shall be apportioned among the 
several States according to their respective numbers, 
counting the whole number of persons in each State, ex- 
cluding Indians not taxed. But when the right to vote 
at any election, for the choice of electors for President 
and Vice-President of the United States, Representatives 
in Congress, the Executive and judicial officers of a State, 
or the members of the Legislature thereof, is denied to 
any of the male inhabitants of such State being twenty- 
one years of age, and citizens of the United States, or 
in any way abridged, except for participation in rebel- 
lion or other crime, the basis of representation therein 
shall be reduced in the proportion which the number of 
such male citizens shall bear to the whole number of 
male citizens twenty-one years of age in such State. 

3. No person shall be a Senator or Representative in 
Congress, or elector of President and Vice-President, 
or hold any office, civil or military, under the United 
States, or under any State, who, having previously taken 
an oath as a member of Congress, or as an officer of the 
United States, or as a member of any State Legislature, 
or as an executive or judicial officer of any State, to sup- 
port the Constitution of the United States, shall have 
engaged in insurrection or rebellion against the same, 
or given aid or comfort to the enemies thereof. But 
Congress may, by a vote of two thirds of each House, 
remove such disability. 

4. The validity of the public debt of the United States, 
authorized by law, including debts incurred for the pay- 
ment of pensions and bounties for services in suppressing 
insurrection or rebellion, shall not be questioned. But 



FEDERAL CONSTITUTION. 353 

neither the United States, nor any State, shall assume 
or pay any debt or obligation incurred in aid of insurrec- 
tion or rebellion against the United States, or any claim 
for the loss or emancipation of any slave; but all such 
debts, obligations and claims shall be held illegal and 
void. 

5. The Congress shall have power to enforce, by ap- 
propriate legislation, the provisions of this Article. 

AMENDMENT XV. 

1. The right of citizens of the United States to vote 
shall not be denied or abridged by the United States, or 
by any State, on account of race, color, or previous con- 
dition of servitude. 

2. The Congress shall have power to enforce this 
Article by appropriate legislation. 



Tnd 



EX. 



INDEX. 



Section. 

Accused persons, rights of *•...• 290 

" " " 294 

" " " 304 

entitled to protection by law 290 

dangers of 290 

to be deemed innocent till proved guilty 290 

" " " " 295 

constitutional provisions concerning 291 

have right to be informed of accusation, and of counsel 

for defense 304 

when poor, entitled to free counsel 304 

cannot be compelled to criminate themselves 305 

have right to be confronted with witnesses 306 

have right of compulsory process to obtain witnesses in 

their favor * 306 

not to be twice put in jeopardy for same offense 310 

entitled to benefit of doubt 311 

Acquisitions of talent protected by law 271 

Administrator, public , a0 o* s 60 

Agent, what is an 97 

Alaska, purchase of 251 

Allegiance, change of, a natural right 214 

consequent on the right of free communication 215 

change of views of, owing to United States 214 

old European idea of 214 

Ambition, honest, only field for in the United States 109 

dishonest, the arch enemy of liberty 1C9 

American political creed, page 22 

American Government, principal object of 1 

tt «< «< 112 



358 INDEX. 

Section. 

Americans, a law-abiding people 52 

American Ideas, not understood in Spanish-American Repub- 
lics, note 197 

Appeals 86 

" 308 

Appointments by the President 82 

Aristocracy 256 

267 

American idea of 271 

Ancestral, absurdity of 268 

British, a check on public opinion 120 

Legal, forbidden in United States 257 

Natural 271 

American, not hereditary 272 

therefore temporary 272 

Arizona, purchase of 251 

Arms, people's right to bear 243 

Armies, standing, dangerous to liberty 232 

injury of to Europe , 237 

Armories, Federal 243 

Army, not allowed to influence the Government 241 

a good servant but bad master 242 

regular in United States 243 

never votes as a body in United States 243 

Arsenals 243 

Assembly, free, denned 121 

right of denied under European governments 128 

Assessor, County, duties of 60 

Association, free 144 

denned 144 

" 121 

why it strengthens American Government, though injuri- 
ous to kingcraft 151 

extent of in United States . » 145 

Associations, objects of classified 146 

effect of in promoting liberty, knowledge and progress. . . 147 

effect of on public opinion , „ 147 

Attainder and corruption of blood 336 

forbidden by Federal Constitution 336 



1NDXX. 859 

Section. 

Attorney-General 82 

Authority of the several American Governments, order of 93 

of the past, doctrines of submission to 120 

" " " 188 

Bail, denned 300 

not to be excessive 300 

threefold objects of 300 

when refused and why. 300 

Ballot 198 

definition of 201 

advantage of voting by 203 

secrecy of essential to liberty «... 203 

ballot-box stuffing 211 

dangers of interfering with 211 

Bankruptcy 353 

shall not prevent earning a living 353 

Roman ideas concerning 353 

European 353 

superior humanity of American idea of 354 

Bankrupt laws, why not unjust to creditors 355 

Benevolent, association 146 

Bible, quotation from to prove liberty 35 

" " equality 38 

< ' Blue blood " 268 

Books, printed under government censorship in Europe 125 

Brotherhood of man, universal 394 

Burns, Robert, quotation from 259 

Cabinet, Federal 82 

Caesar, Julius, the destroyer of Roman liberty 235 

California, purchase of 251 

Camp life, unsuited to freemen 235 

" « << 238 

Candidates for office, nominating themselves, not to be sup- 
ported 337 

Capital crime, no person to be held for except upon indict- 
ment by grand jury 301 

Carbonari 151 

Changing the Constitution 63 

Checks and balances in the Government 72 



360 INDEX. 

Section. 

Checks in State governments 83 

detailed 87 

between each State and United States 69 

Christ, sayings of , • 124 

" 127 

" " 99 

" " 35 

" " , 38 

Christianity, how suggesting liberty and equality. 39 

principles of, incorporated in American institutions 167 

Church and State 18 

relations of 170 

evils of uniting 168 

disconnected in United States 161 

Citizen, American, duties of 367 

Citizens, the national character rests on that of individual 367 

Citizenship, regulated by State, not Federal laws 210 

Civilization - 5 

Civilization, slow growth of 20 

Classification of American ideas 22 

Colonizing voters 211 

Communication free 136 

definition of 121 

progress of means of in United States 128 

result of 128 

result of, in forming public opinion 143 

Complaint, sworn, the preliminary to a warrant 296 

Confederacy excluded from American system 71 

denned m 

Congress, the legislative branch of Federal Government 76 

powers of 68 

Conscience, freedom of 160 

Constitution, what it provides 64 

Constitutional government 62 

Constitution, how changed 63 

how formed « . 62 

Federal, nature and purpose of 66 

State, description of 6i 

Constitution of the United States, page 331 . , 



INDEX. 361 

Section. 

Constitutional convention 62 

Constitution, denned and explained 48 

necessary to protect minority 194 

Copyright laws . . 357 

Coroner 60 

Corporations, a form of association 146 

office of in the United States 147 

Corruption of blood, forbidden 335 

County government 60 

officers 60 

Counties have nothing to do with each other 71 

Creed, American political, page 22 

Crime, definition of 4 

and sin, distinction between , 287 

Crimes to be strictly defined by law 286 

elements of 292 

involved in breach of trust by public officer Ill 

to be tried in district where committed 297 

Criminal and Civil law, distinction between 284 

law, how enacted in the United States 285 

practice, European , 313 

Customs and manners, origin of . , 3 

Debt, imprisonment for 350 

Declaration of Independence, quoted 21 

" <« " 32 

Defensive war, all that the United States propose to undertake. 244 

Democracy, denned , 14 

Departments of Government, separation of 87 

Diagram illustrating "Divine Eight of Kings " 55 

Diagram, American theory of Government 56 

Dignity of Labor 370 

Distribution of powers among districts and officers 87 

District Attorney 60 

Divine Bight 14 

" <« , 155 

yet taught in Europe 20 

teachings of , v . . . 120 

Division of territory for purposes of Government 90 

<« a a a u ll a 57 

31 



362 INDEX. 

Section. 

Doubt, benefit of, to be given to accused .^*. ._ ~ ♦ . . 311 

Duties of American citizen, lectures on .. . 367 

Education by the State 171 

and crime, relations of 177 

American idea of 186 

different ideas of 188 

economy of * 178 

humanity of 178 

necessary for perpetuation of American ideas 175 

why not left to the clergy 181 

why not left to parents 185 

Elections, how conducted 202 

presidential, table of votes cast at, note 216 

Entail, English laws of 360 

not allowed in United States 361 

evils of 362 

Equality 36 

commanded by the Bible 38 

Equal rights , , 37 

Eternal Vigilance is the price of Liberty, 334 

Ex post facto laws, 313 

defined 325 

Execution, property exempt from ,. 356 

Executive, a check upon the Legislature. 78 

checked by the Legislature 78 

check on Judiciary 82 

cannot declare war 79 

cannot injure a citizen , 79 

duties and powers of 79 

of a State is its Governor 80 

power of in appointing subordinate officers 82 

limited right of petition to 157 

Express business 142 

protected by Government 141 

European criminal practice , . . 313 

Family, a natural institution 104 

their claim for support precedent to those of creditors . . . 356 



INDEX. 3G3 

Section. 

Family pride, absurdity of 270 

Federal Union, its purpose and nature G6 

how prevented from interfering with States 70 

Felony, denned 292 

Fenian society. . . , • .. < . 149 

Feudal system . «, 14 

Florida, purchase of 251 

Foreign policy of United States 245 

more just than that of any other nation 247 

societies in the United States 150 

territory, purchases of 250 

Foreigners, naturalization of 212 

rights of to naturalization 215 

why admitted to citizenship 215 

Fountain of honor, the King the 14 

Free, we are by nature , 33 

by revelation 35 

communication 136 

defined 136 

education by the State : 171 

how do we know we have the right to be 33 

speech, free press, free assembly . 123 

why they must be free 124 

not allowed in monarchies 125 

defined 121 

association defined 121 

opinion, and public opinion 112 

Freedom, what kind of American institutions secure 32 

of conscience 160 

Golden Rule, embodied in American idea of Liberty 35 

applied by United States to international conduct 255 

its observance sufficient to prevent crime 378 

Government by and for the people 55 

" << » " 96 

by the people, defined 71 

for the people, defined 71 

duty of to promote religion 107 

Government of the majority ISO 



364 iithex. 

Section. 

Government, General, the power of defined 68 

in the United States merely a machine 96 

officers, why they are not all elected 105 

are they all paid 106 

object of in America 112 

origin of 4 

what constitutes ,. 4 

summary of principles of American 71 

Governor, is executive of a State, his powers 80 

Grand Jury v 301 

why it sits in secret 302 

why necessary to individual liberty 303 

Habeas Corpus 318 

denned 318 

when it may be denied 322 

suspended 323 

Happiness, individual, dependent on Government. . . 5 

Heralds and heraldry 268 

History, the study of necessary to appreciate American 

ideas 246 

Home, duty of perpetuating American idea of 391 

Homestead exemption and bankruptcy 353 

Honorary offices 106 

Hypocrites cannot be freemen 114 

Ideas, classification of American 22 

political, defined 23 

legal, defined 24 

Idleness, inconsistent with character of good American citizen. . 371 

Immigrants, equal political privileges offered to 213 

Immigration, encouraged by United States. 213 

to United States changed old ideas of allegiance 214 

Impeachment ' 338 

defined 338 

is it purely an American idea 346 

Impeachment, members of Legislature not liable to 339 

offenses subjecting officers to 313 

punishment after 342 



INDEX. 3G5 

Section. 

Impeachment, rights of persons under. ... - 341 

why of very limited application 344 

where the power of resides 340 

who liable to 339 

Imprisonment for debt 350 

Indians, treaties with 253 

Inequality exists by nature, how 36 

Industry, advantages of 372 

Independence, personal 381 

Declaration of 21 

Intelligence, universal, requires free speech, free press and free 

assembly 124 

International society 114 

Interior, Secretary of 82 

Institutions, American Government a system of 117 

all rest on public opinion 122 

European, object of to benefit the few 20 

Instruction, right of 152 

Insurrection, how suppressed 243 

Invasion, how repelled 243 

Jesus Christ, his sayings quoted 99 

" " " " 35 

" «< " <« 127 

n tf tt a _ 224c 

" " " " 38 

Jealousy of public officers 82 

Judge, County, duties of 60 

Judicial oaths 293 

Judiciary, check upon Legislative branch. 85 

duties and powers of 84 

department of Government 75 

power of construing laws 85 

declaring laws unconstitutional 85 

no right of petition or instruction to .... 158 

Jury duty, importance of performing 397 

Grand 301 

Jury, trial by 307 

when introduced in continental Europe 316 



366 INDEX, 

Section. 

Kings, controversies with as to their powers . . .- 73 

largely responsible for European wars 233 

no check to their power . . . 73 

owners of all lands under Feudal system . . * 17 

powers of, under Feudal system , 16 

tyranny of 10 

Labor, dignity of 370 

duty of an American citizen to 376 

is honorable 371 

triumphs of American „ 374 

Law 40 

abiding people, the Americans must be a 377 

abiding people, the Americans are a 52 

definition of 43 

departments of American . . « 53 

distinction between civil and criminal 284 

criminal, how framed in United States 285 

every person presumed to know the 326 

" " " " 378 

origin of 3 

objects of 4 

* ■ American 45 

necessary to protect the people from oppression by the 

Government , 47 

protects life, liberty and property 294 

source of its power 44 

what it embraces in United States 283 

Laws, why they operate alike upon all in United States 46 

League or covenant, defined 66 

Legal ideas, defined 282 

Legislation, both houses must concur in 77 

Legislature, instruction of 155 

Legislative department n * e « 75 

how organized ..... 76 

Libel, how punished * 129 

Liberty, natural 30 

French idea of 30 

political, defined .' 32 

" 112 



INDEX. 367 

Section. 

Liberty, a new thing in history ...... ^ 260 

commanded in the Bible 35 

national, recognized by United States 245 

Limitation, of criminal actions 292 

of Federal authority in Constitution 68 

Living, every one must earn his «, 371 

"Lord's anointed " 16 

Louisiana, purchase of , 251 

Loyalty, what constitutes in United States ** 402 

definition of in United States „ a . 405 

Man, created a social being 3 

Mails, sacred to the public use .... 139 

not free from governmental interference in Europe 140 

Majority, government of the B . r 189 

reason for ' 190 

power of, how far liable to abuse 197 

Marriages, opposites attract in 270 

Massachusetts Bill of Eights, page 321 

"Might makes right " <,*-*. 246 

Military despotism, a form of government 8 

how formed 8 

Academy at West Point -. 243 

system of United States 243 

subject to civil power 230 

" 240 

Constitutional provisions quoted concerning 230 

Militia, State 243 

Minority must submit, to what extent 193 

rights of protected by Constitution 194 

, 195 

Misdemeanors, defined ..*.»,. 292 

" Mob government, " European nickname for republics 120 

Monarchy, hereditary, origin of 9 

Monarchy, constitutional or limited 11 

xlonopolies and perpetuities ; 357 

English 358 

American 359 

357 

Temporary commercial, the law cannot prevent , 363 



308 INDEX. 

Section. 

Monopoly denned ..... .. 357 

Moral reform associations 146 

Motives, good and evil 29 

Natural rights \ . . 1 

Nature's noblemen 258 

Naturalization of foreigners 212 

209 

regulated by Congress 210 

why necessary under American Government 215 

if refused would create disaffection 216 

Napoleons, First and Third, both abused the powers -entrusted 

to them 73 

Navy, Secretary of 82 

Neglecting to vote, evils of 384 

New trials 308 

Newspapers, published under government censorship in Eu- 
rope 125 

office and influence of in United States 126 

Nobility 17 

Nobility in England, privileges of 264 

absurdity of orders of 267 

orders of forbidden in -United States. 256 

Oaths, judicial 293 

Obey the laws 377 

Object of American form of Government 112 

Office-holder, faithless, crimes committed by Ill 

faithless, a detestable character Ill 

Officers, public, accountable only to their own constituents 71 

elected by voters of their own district only 71 

powers of clearly fixed by law 71 

of army, receive orders from civil government 143 

Office should seek the man • , 385 

the best men should always be chosen to 385 

Officers, public, must serve the people, not themselves. 109 

must retire on close of official term 109 

Offices, why all terms of are short 107 

Oligarchy 12 

Opinion, free and public , , 112 



INDEX. 3G9 

Section. 

Opinion, free, the right of all Americans 114 

public, in England, checked by the aristocracy 120 

not recognized by teachers of "Divine right " 120 

Opinions of your own, cultivate 382 

Oppression, prevented by short terms of office 108 

Order is Heaven's First Law 95 

civil in United States 95 

Orange society 150 

Parliament, contests of, with royal power 73 

Parties, political 274 

146 

are they an American idea ...... 275 

a part of our system of checks and balances 276 

benefits of 276 

danger of when corrupt 280 

duties of citizen in relation to 280 

relieve the popular love of excitement , , 277 

safest division between 280 

check necessary upon 280 

Party spirit, dangers of * 279 

"Washington's opinion of 279 

Passport system described 136 

Patriarchal form of government 6 

Patent laws 357 

People, American, the descendants of slaves 260 

English, how the lower classes were freed 261 

European, the lower classes degraded 263 

Petition and instruction, right of. 152 

to the Legislative powers » , 155 

limited right of to the Executive 157 

no right of petition to Judiciary 158 

People, the fountain of power 56 

are sovereign 71 

Persecutions, religious 168 

Personal rights, enumeration of , . 54 

independence 381 

Politics defined 26 

Political ideas defined 23 

" " " 26 



370 INDEX. 

Section, 

Political liberty, defined 32 

" , 112 

creed, American, page 22 

parties 274 

Populace, position of under feudal system 17 

Population, always a want in United States 213 

Postmaster-General . 82 

Power loves its own increase 47 

<< " " " 72 

the only way to check abuse of 74 

no unchecked given to any officer in United States 87 

of Attorney 103 

Powers* of Government separated 74 

87 

Precedence of the several governments 88 

President, powers and duties of the 79 

Press, free 123 

definition of 121 

abuse of 129 

how punished 130 

Primogeniture and entail, English laws of 360 

not allowed in United States , 331 

evils of e „ 361 

Principles of Government, summary of 71 

Private property taken for public use 365 

taxes M 365 

for public improvements 366 

Progress, an American idea 397 

American, partly due to immigration 213 

Property, rights of ... . 347 

constitutional provisions concerning 349 

exempt from execution . . „ . , 356 

not protected at expense of life , 350 

nor at expense of liberty except as against criminals. 350 

how protected in England 350 

protected by criminal law 348 

civil law 349 

subordinate to life and liberty 347 

Protection of life, liberty and property by law 294 



INDEX. 371 

Section. 

Public administrator ^ 60 

mind must rule the public body 232 

officers always responsible, always watched 87 

offices, lucrative or honorary 106 

opinion 112 

definition of 118 

requires free speech, press, assembly, etc 121 

the basis of all American institutions 121 

effect of free communication upon 143 

averse to punishment of treason 3-S7 

perpetuation of in favor of American institutions. . . . 173 

Public and private wrongs, distinction between 284 

servants, to whom accountable 10 2 

Publications, privileged 132 

Punishments , 288 

object of 289 

to be proportioned to offense 292 

cruel and unusual prohibited 309 

Purchase of foreign territory 250 

Louisiana, Florida, etc 261 

Recorder, County 60 

Reformation 20 

Religion, no establishment of by law 160 

« 161 

Religion and the church, distinction between 170 

promoted by universal toleration 167 

respect for 389 

Washington's Farewell Address on 389 

Religious associations 141 

tests 160 

Removal of unfaithful public officers • 345 

" Repeating " 211 

Representation 96 

co-extensive with American system 104 

Representation of representation explained 103 

of families, by their male head 104 

of women by men 104 

relations of to taxation 220 

without taxation, is there in the United States 21-5 



372 INDEX. 

Section. 

Eepresentation curtailed by State disfranchisement of citizens 210 

Representatives, apportionment of 77 

bound by instructions 159 

definition of 97 

in United States 100 

are they the masters or servants of the people, 101 

Representatives, House of 77 

Republic, advantages of over monarchy 198 

Republicanism, origin of 15 

Responsibility of public servants, direct and indirect 102 

Responsible, each person is for his own acts 382 

Restraint of trade, laws against 357 

Revenge, not an element in American punishments 289 

Revolution, American 21 

Revolutions, European, not in interest of people 19 

" Rich richer, and poor poorer " 362 

Rights, natural, limited by society 2 

as opposed to wrongs » . 34 

equal 37 

enumeration of as secured by American system 54 

of accused persons 290 

294 

304 

Riots, how suppressed - 243 

Roland, Madame 30 

Roman Empire, decay of 236 

Rotation in office 107 

" « 278 

Schools, public 179 

districts 57 

have no concern with each other 71 

Scripture, quotation from to prove liberty 35 

" equality :... 38 

Sectarian doctrines not taught in public schools 180 

lis tt a tt tt a 181 

«< t( a " << << 182 

Senate 76 

Senators not strongly bound by instructions as Representatives 1 59 

Servants, public 109 



INDEX. 373 

Section. 

Sheriff GO 

Sin and crime 1 , distinction between 287 

the State does not meddle with sin 287 

Slander, how punished 129 

Slavery, of lower classes in Europe 260 

Societies, classification of 146 

secret in Europe 151 

Society, how formed 3 

has a right to prevent what acts 31 

Soldier, life of a, unsuited to personal independence. . . 235 

238 

Soldiers, how they -vote 243 

Sovereignty in the people 71 

" 96 

" 155 

definition of . . 96 

when it resides in the Government 96 

Speech, free, defined 121 

" " abuseof 129 

" " privileged 131 

Standing armies of Europe, numbers of, note 239 

" " State forbidden to keep 243 

19 

State, form of government of 61 

a complete republic 61 

Secretary of 82 

officers 83 

each forms one commonwealth 90 

States, have no power to declare war 243 

and the Union GQ 

how to prevent from interfering with the Union 69 

have no concern with each other 71 

not sovereign 71 

subordinate to the Union 92 

Subdivision of country, as a means of government 71 

Suffrage, universal 206 

defined :... 206 

why no property qualification for 208 

who are denied, and why 207 



371 INDEX. 

Section. 

Summary of principles of government ....... 71 

Surveyor, County 60 

Taxation, no, without representation 217 

" " " origin of this principle. . . . 228 

necessity of . . . 217 

direct and representation to be proportioned 220 

Taxes, why cheerfully paid in United States 224 

different sets of 222 

how the people tax themselves 223 

levied by Legislative power 221 

how levied under monarchy 229 

Telegraph, protected but not controlled by Government 139 

Territory, foreign, purchases of 251 

Test, religious 160 

Texas, purchase of 251 

Theocracy . . • 13 

Thought, free, essential to liberty 113 

why it must be free 114 

free, the right of all Americans US 

Toleration, promotes religion ., . „ e 167 

Town government 58 

Towns have nothing to do with each other 71 

and counties subordinate to the State 89 

" i 91 

their powers limited, why 89 

Trade unions 146 

Travelers in Europe regarded with suspicion 136 

" in United States free e «. 137 

Treason, under feudal system 17 

and its punishment in United States 327 

defined . . . . . 327 

American view of , « 332 

constitutional provisions concerning 333 

English punishment of 331 

offenses deemed treasonable in Europe 330 

European ideas and treatment of 330 

public opinion in United States averse to punishing 337 

Treasury, Secretary of 82 

Treaties avoiding war by United States 252 



INDEX 375 

Section. 

Trial by jury - 307 

conditions of 307 

new and appeals 308 

Tribal form of Government ^ 7 

Tyrannies, the old, ignored in United States. 112 

Tyranny, avoids publicity 124 

Union, Federal, nature and object of - „ .- 66 

Unitec States, all one country 71 

government not sovereign 71 

Constitution, laws and treaties are the supreme law 

of the land 92 

Universal suffrage (see suffrage) 206 

brotherhood of man „ „ » o * » 394 

Universities -. . ...... 180 

Veto power, how exercised 78 

Vices, personal, lead to national decay 367 

Volunteer military system in United States 243 

Volunteers, enlisted only for three years c 243 

Vote, never neglect to 383 

who disqualified to, and why 207 

who entitled to 209 

why women have no , 227 

why property has no, in United States 226 

Voters " colonizing" of 211 

Voting, by ballot, advantages of 203 

in political conventions 205 

" early and often" 211 

in Legislative bodies viva voce, why 204 

how conducted at popular elections 202 

in public meetings . . 205 

" Vox populi vox Dei," meaning of 119 

War, Secretary of 82 

an evil 233 

Wars, monarchy largely responsible for 233 

aggressive, of constant occurrence in Europe 247 

common in colonial days of America 249 

defensive, all that United States contemplates 244 

always just 214 



37G INDEX. 

Section. 

"Warrants, when to be issued 296 

Washington's Farewell Address on foreign policy 254 

on party spirit 279 

on respect for religion 379 

Wisdom, more of in republican than in royal legislation 78 

Women, why not allowed to yote . . 104 

" 207 

" " *< 227 



RECOMMENDATIONS. 



From Key, L. Hamilton, Pastor First Independent 
Presbyterian Church, Oakland. 

Oakland, March 23d, 1872. 
Rev. H. Durant, President University California: Dear 
Sir — I have examined the manuscript of Mr. Hopkins' book, 
concerning which you spoke to me, with some care. To say 
that I have been pleased with it, would not express my esti- 
mate. I fully believe it will prove the most important contri- 
bution to our educational literature that has been made in 
many a year. Its idea is original, its field new. It will, ii 
adopted, open a new branch of education in our schools, than 
which none is more needful to the youth of our country. 
The work is thoroughly done. It is methodical in its arrange- 
ment, transparently simple in style (as a school book ought to 
be), and seems to me well nigh exhaustive of the subject. It 
is no dry skeleton of principles like Duer's " Outlines of the 
Constitution/' or detailed commentary on them like Dr. 
Young's " Civil Government. " While it is quite as systematic 
as the former, it is much more comprehensive than either, 
and infinitely better adapted to the tastes and intelligence of 
youth. It is made to glow with interest. It traces the history 
of our civil institutions, and makes us realize more vividly 
what they are, by letting us see out of what they grew, and 
how they came to be what they are. The contrast between 



3 i 8 BECOMMENDA T10NS. 

our Government and those of the old world, which is kept 
before the reader throughout the work, is an invaluable 
feature. It gives a broader view of the subject, and greatly 
stimulates the desire for those historical studies in which the 
American system finds one of its strongest recommendations. 
Many will doubtless differ from the author on several points : 
but I think they will find no cause to complain of a partisan 
presentation of his views. The partisan — the author's individ- 
uality — are lost sight of in his intense enthusiasm for liberty. 
With that the whole book is throbbingly alive. It must kindle 
a like spirit in the scholar who studies it. It is a timely book. 
Our country p^eeds it. Nothing that I have ever seen is so 
well adapted to kindle an earnest love in the young for our 
system of government, or to give them a more intelligent 
appreciation of both its blessings and the dangers that threaten 
its stability. 

I hope it will receive the imprimatur not only of the Faculty 
and Regents of our own State University, but of every like 
body of men, and of every State Board of Education in our 
country. I trust that it may soon be doing its good work in 
our schools of every grade, and become the vade mecum of 
every student. 

Truly yours, 

L. HAMILTON, 
Pastor First Independent Presb. Church, Oakland. 



From Ron. Emory Washboum, Professor of Law 
in the Law School of Harvard University. 

Cambridge, Sept. 20th, 1872. 
C. T. Hopkins, Esq. — I have not had time to complete 
my examination of your " Manual of American Ideas M be- 
yond its purpose and plan ; but these are so admirable that the 



RECOMMENDATIONS. 379 

public may confidently believe that, one who knows so -well 
how to undertake can hardly fail to execute his work. 

That the want it proposes to supply is sadly felt in our 
country, everyone who has - mingled to any extent with the 
people must have often had occasion to remark. It has been 
little better than a solecism to speak of our capacity for self- 
government, when so little opportunity is offered to learn in 
what Government consists; while there is a manifest absurdity 
in calling upon a citizen to reverence and admire the one 
under which he lives, without his being able to judge of it 
understandingly, either as considered in itself, or by compar- 
ing it with others. To make a love of country a sentiment 
in any one, it must be early planted and assiduously cultivated. 
Its elements must be taught at the fireside and in the schools. 
The boy or young man must be made to see and understand 
why he should be ready to stand by the laws which guard his 
person and his property, and the country in whose welfare 
his own is so completely identified. And yet civil politics is 
a thing hardly known in our schools. The fact that there are 
ideas to be inculcated, which are American in their character, 
has to be learned, if at all, in maturer life. 

One circumstance must be noted in this connection — this 
is, the immense body of un-American thought introduced 
into every section of the country by immigration. Something 
must be opposed to the strong feeling of nationality which the 
immigrants bring with them. It is through their children that 
this foreign element is to become Americanized. The schools 
must do this work, and in its execution, they need sound, wise, 
earnest treatises upon the subjects you discuss in your book, 
adapted to the capacities of both teacher and pupil. Such a 
work as yours ought to command the favor and best wishes 
of every right-minded citizen. 

Very respectfully, 

EMORY WASHBOURN. 



380 BECOMMENDA T10NS. 

From Dr. William H. Mnller, M. D. 

Zelienople, Butler Co., Pennsylvania. 
• Dear Sir: — I have read your " Manual of American Ideas " 
from title page to index, and I can hardly find words to ex- 
press my high appreciation of it. It is a perfect gem in its way; 
so concise, so clear, so methodical, so pointed, such a thor- 
ough and perfect adaptation of method, style, language and 
facts to the object to be obtained. You have focalized the 
light scattered through the literature of politics as to American 
Ideas, in a brilliant little volume, which a child can understand, 
and by which ninety-nine out of an hundred adults will find 
themselves instructed. It ought to have an immense demand, 
and if it does no{, that very want of appreciation by the public 
would be an argument to show the need of such a work. But 
I think it is impossible that it will not be eagerly sought after. 
It should be scattered broadcast over the country ^and be a 
household book in every family. Your book is so unique 
that it occupies a niche of its own, which I think no other 
work on the same subject can occupy; because a better book 
for attaining the same end cannot be written, and therefore it 
bids fair to grow in popular demand and to descend to late 
generations. I think there will and can be but one sentiment 
in the press of the whole country as to the merits of your book 
when known, and that one of unhesitating approval. Again 
let me congratulate you upon your achievement. 
Most truly yours, 

WM. H. MULLER. 



From Ex-G-overnor Haight, of California. 

San Francisco, April 6th, 1872. 
C. T. Hopkins, Esq. : Dear Sir — I have read with interest 



BECOMMENDA TIONS. 881 

your work upon the principles of free government, designed 
for the use of schools and academies in the United States. 

I have long thought it very desirable that more attention 
should be paid to instructing boys and young men in those 
elementary principles which lie at the foundation of our 
American system, which constitute its vital spirit, and dis- 
tinguish it from the political system of the Old World. 

This want your work is well calculated to supply; and I 
believe its general use in educational institutions in this country 
would be of great service in what is certainly one of the most 
important departments of knowledge. Without some pro- 
gress in this, there can be no intelligent discharge of the duties 
of citizenship. 

Your statement of political and legal principles is clear and 
concise, and no boy or young man can study the book without 
a truer insight into the nature of our institutions, and a more 
profound appreciation of their priceless value. 

I trust it may come into general use in our schools. 
Very truly, yours, 

H. H. HAIGHT. 



From Rev. A. L. Stone, D. D,, formerly of Boston, 
now Pastor of the First Congregational Church, 
San Francisco. 

San Francisco, August 26th, 1872. 
It is a marvel, hard to be accounted for, that in our system 
of educational training, now so ripe and perfected, there has 
been so long no fit text book in regard to the growth of 
American institutions, the principles of our free Government, 
the forms of our Constitutions and Laws, and the controlling 
ideas of our life and history. Certainly no branch of instruc- 
tion can be more vital for the children of the Republic, or 
more closely connected with its prosperity and perpetuity. 



382 BECOMMENDA TIONS. 

This needed and neglected provision seems to me admir- 
ably supplied in the work of Mr. Hopkins. It is no dry and 
meagre compilation ; it is a work of original thought, and 
every page is alive with enthusiasm and interest. The special 
felicity of the work, in my estimation, is in a department 
where success is rarest and most difficult, viz. : the simplicity, 
precision, and perspicuity of its definitions. They are brief, 
pithy, comprehensive, and level to the intellect of juvenile 
learners. 

The work cannot too soon take its place in the curriculum 
of studies that are to fit the successive generations of American 
youth for the high trust of self-government. 

A. L. STONE. 



